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  83R23018 JRR-D
 
  By: Price H.B. No. 2289
 
  Substitute the following for H.B. No. 2289:
 
  By:  Parker C.S.H.B. No. 2289
 
 
 
A BILL TO BE ENTITLED
 
  relating to the continuation and functions of the Texas Board of
  Criminal Justice, the Texas Department of Criminal Justice, and the
  Windham School District and to the functions of the Board of Pardons
  and Paroles and the Correctional Managed Health Care Committee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 492.012, Government Code, is amended to
  read as follows:
         Sec. 492.012.  SUNSET PROVISION. The Texas Board of
  Criminal Justice and the Texas Department of Criminal Justice are
  subject to Chapter 325 (Texas Sunset Act).  Unless continued in
  existence as provided by that chapter, the board and the department
  are abolished September 1, 2021 [2013].
  SECTION 2.  Chapter 493, Government Code, is amended by
  adding Section 493.031 to read as follows:
         Sec. 493.031.  CASE MANAGEMENT COMMITTEES. (a) Each
  facility under the oversight of the correctional institutions
  division shall establish a case management committee to assess each
  inmate in the facility and ensure the inmate is receiving
  appropriate services or participating in appropriate programs. The
  case management committee shall:
               (1)  review each individual treatment plan adopted
  under Section 508.152 for an inmate in the facility and, as
  applicable, discuss with the inmate a possible treatment plan,
  including participation in any program or service that may be
  available through the department, the Windham School District, or
  any volunteer organization; and
               (2)  meet with each inmate in the facility at the time
  of the inmate's initial placement in the facility and at any time in
  which the committee seeks to reclassify the inmate based on the
  inmate's refusal to participate in a program or service recommended
  by the committee.
         (b)  A case management committee must include the members of
  the unit classification committee.  In addition to those members, a
  case management committee may include any of the following members,
  based on availability and inmate needs:
               (1)  an employee whose primary duty involves providing
  rehabilitation and reintegration programs or services;
               (2)  an employee whose primary duty involves providing
  vocational training or educational services to inmates;
               (3)  an employee whose primary duty involves providing
  medical care or mental health care treatment to inmates; or
               (4)  a representative of a faith-based or volunteer
  organization.
         SECTION 3.  Section 501.092, Government Code, as added by
  Chapter 643 (H.B. 1711), Acts of the 81st Legislature, Regular
  Session, 2009, is reenacted and amended to read as follows:
         Sec. 501.092.  COMPREHENSIVE REENTRY AND REINTEGRATION PLAN
  FOR OFFENDERS. (a) The department shall develop and adopt a
  comprehensive plan to reduce recidivism and ensure the successful
  reentry and reintegration of offenders into the community following
  an offender's release or discharge from a correctional facility.
         (b)  The reentry and reintegration plan adopted [developed]
  under this section must [provide for]:
               (1)  incorporate the use of the risk and needs
  assessment instrument adopted under Section 501.0921 [an
  assessment of offenders entering a correctional facility to
  determine which skills the offender needs to develop to be
  successful in the community following release or discharge];
               (2)  provide for programs that address the assessed
  needs of offenders;
               (3)  provide for a comprehensive network of transition
  programs to address the needs of offenders released or discharged
  from a correctional facility;
               (4)  identify and define the transition services that
  are to be provided by the department and which offenders are
  eligible for those services;
               (5)  coordinate the provision of reentry and
  reintegration services provided to offenders through state-funded
  and volunteer programs across divisions of the department to:
                     (A)  target eligible offenders efficiently; and
                     (B)  ensure maximum use of existing facilities,
  personnel, equipment, supplies, and other resources;
               (6)  provide for collecting and maintaining data
  regarding the number of offenders who received reentry and
  reintegration services and the number of offenders who were
  eligible for but did not receive those services, including
  offenders who did not participate in those services;
               (7)  provide for evaluating the effectiveness of the
  reentry and reintegration services provided to offenders by
  collecting, maintaining, and reporting outcome information,
  including recidivism data as applicable;
               (8)  identify [(4) the identification of] providers of
  existing local programs and transitional services with whom the
  department may contract under Section 495.028 to implement the
  reentry and reintegration plan; and
               (9) [(5)]  subject to Subsection (f) [(c)], provide for
  the sharing of information between local coordinators, persons with
  whom the department contracts under Section 495.028, and other
  providers of services as necessary to adequately assess and address
  the needs of each offender.
         (c)  The department, in consultation with the Board of
  Pardons and Paroles and the Windham School District, shall
  establish the role of each entity in providing reentry and
  reintegration services. The reentry and reintegration plan adopted
  under this section must include, with respect to the department,
  the Board of Pardons and Paroles, and the Windham School District:
               (1)  the reentry and reintegration responsibilities
  and goals of each entity, including the duties of each entity to
  administer the risk and needs assessment instrument adopted under
  Section 501.0921;
               (2)  the strategies for achieving the goals identified
  by each entity; and
               (3)  specific timelines for each entity to implement
  the components of the reentry and reintegration plan for which the
  entity is responsible.
         (d)  The department shall regularly evaluate the reentry and
  reintegration plan adopted under this section. Not less than once
  in each three-year period following the adoption of the plan, the
  department shall update the plan.
         (e)  The department shall provide a copy of the initial
  reentry and reintegration plan adopted under this section and each
  evaluation and revision of the plan to the board, the Windham School
  District, and the Board of Pardons and Paroles.
         (f)  An offender's personal health information may be
  disclosed under Subsection (b)(9) [(b)(5)] only if:
               (1)  the offender consents to the disclosure; and
               (2)  the disclosure does not violate the Health
  Insurance Portability and Accountability Act of 1996 (Pub. L. No.
  104-191) or other state or federal law.
         (g) [(d)]  The programs provided under Subsections (b)(2)
  and (3) must:
               (1)  be implemented by highly skilled staff who are
  experienced in working with inmate reentry and reintegration
  programs;
               (2)  provide offenders with:
                     (A)  individualized case management and a full
  continuum of care;
                     (B)  life-skills training, including information
  about budgeting, money management, nutrition, and exercise;
                     (C)  education and, if an offender has a learning
  disability, special education;
                     (D)  employment training;
                     (E)  appropriate treatment programs, including
  substance abuse and mental health treatment programs; and
                     (F)  parenting and relationship building classes;
  and
               (3)  be designed to build for former offenders
  post-release and post-discharge support from the community into
  which an offender is released or discharged, including support from
  agencies and organizations within that community.
         (h) [(e)]  In developing the reentry and reintegration plan
  adopted under this section, the department shall ensure that the
  reentry program for long-term inmates under Section 501.096 and the
  reintegration services provided under Section 501.097 are
  incorporated into the plan.
         (i)  Not later than September 1 of each even-numbered year,
  the department shall deliver a report of the results of evaluations
  conducted under Subsection (b)(7) to the lieutenant governor, the
  speaker of the house of representatives, and each standing
  committee of the senate and house of representatives having primary
  jurisdiction over the department.
         SECTION 4.  Subchapter C, Chapter 501, Government Code, is
  amended by adding Section 501.0921 to read as follows:
         Sec. 501.0921.  RISK AND NEEDS ASSESSMENT INSTRUMENT. (a)
  The department shall adopt a standardized instrument to assess,
  based on criminogenic factors, the risks and needs of each offender
  within the adult criminal justice system.
         (b)  The department shall make the risk and needs assessment
  instrument available for use by each community supervision and
  corrections department established under Chapter 76.
         (c)  The department and the Windham School District shall
  jointly determine the duties of each entity with respect to
  implementing the risk and needs assessment instrument in order to
  efficiently use existing assessment processes.
         (d)  The department shall specify a timeline for the testing,
  adoption, and implementation of the risk and needs assessment
  instrument. The department's timeline must provide for the use of
  the instrument to be fully implemented not later than January 1,
  2015. This subsection expires January 1, 2016.
         SECTION 5.  Section 501.098, Government Code, as added by
  Chapter 643 (H.B. 1711), Acts of the 81st Legislature, Regular
  Session, 2009, is reenacted and amended to read as follows:
         Sec. 501.098.  REENTRY TASK FORCE. (a) The department shall
  establish a reentry task force and shall coordinate the work of the
  task force with the Office of Court Administration. The executive
  director shall ensure that the task force includes representatives
  of [, and by rule shall enter into a memorandum of understanding
  with] the following entities [to establish a reentry task force]:
               (1)  the Texas Juvenile Justice Department [Youth
  Commission];
               (2)  the Texas Workforce Commission;
               (3)  the Department of Public Safety;
               (4)  the Texas Department of Housing and Community
  Affairs;
               (5)  the Texas Correctional Office on Offenders with
  Medical or Mental Impairments;
               (6)  the Health and Human Services Commission;
               (7)  the Texas Judicial Council; [and]
               (8)  the Board of Pardons and Paroles;
               (9)  the Windham School District;
               (10)  the Texas Commission on Jail Standards;
               (11)  the Department of State Health Services;
               (12)  the Texas Court of Criminal Appeals;
               (13)  the County Judges and Commissioners Association
  of Texas;
               (14)  the Sheriffs' Association of Texas;
               (15)  the Texas District and County Attorneys
  Association; and
               (16)  the Texas Conference of Urban Counties.
         (b)  The executive director shall appoint a representative
  from each of the following entities to serve on the reentry task
  force:
               (1)  a community supervision and corrections
  department established under Chapter 76;
               (2)  an organization that advocates on behalf of
  offenders;
               (3)  a local reentry planning entity; and
               (4)  a statewide [an] organization [selected by the
  department] that advocates for or provides reentry or reintegration
  services to offenders following their release or discharge from a
  correctional facility.
         (c)  To the extent feasible, the executive director shall
  ensure that the membership of the reentry task force reflects the
  geographic diversity of this state and includes members of both
  rural and urban communities.
         (d)  The executive director may appoint additional members
  as the executive director determines necessary.
         (e) [(b)]  The reentry task force shall [established under
  Subsection (a) may]:
               (1)  identify gaps in services for offenders following
  their release or discharge to rural or urban communities in the
  areas of employment, housing, substance abuse treatment, medical
  care, and any other areas in which the offenders need special
  services; and
               (2)  coordinate with providers of existing local
  reentry and reintegration programs, including programs operated by
  a municipality or county, to make recommendations regarding the
  provision of comprehensive services to offenders following their
  release or discharge to rural or urban communities.
         (f)  In performing its duties under Subsection (e), the
  reentry task force shall:
               (1)  identify:
                     (A)  specific goals of the task force;
                     (B)  specific deliverables of the task force,
  including the method or format in which recommendations under
  Subsection (e)(2) will be made available; and
                     (C)  the intended audience or recipients of the
  items described by Paragraph (B);
               (2)  specify the responsibilities of each entity
  represented on the task force regarding the goals of the task force;
  and
               (3)  specify a timeline for achieving the task force's
  goals and producing the items described by Subdivision (1)(B).
         SECTION 6.  Section 501.131, Government Code, is amended to
  read as follows:
         Sec. 501.131.  DEFINITIONS [DEFINITION]. In this
  subchapter:
               (1)  "Committee" [,"committee"] means the Correctional
  Managed Health Care Committee.
               (2)  "Contracting entity" means an entity that
  contracts with the department to provide health care services under
  this chapter.
               (3)  "Medical school" means the medical school at The
  University of Texas Health Science Center at Houston, the medical
  school at The University of Texas Health Science Center at Dallas,
  the medical school at The University of Texas Health Science Center
  at San Antonio, The University of Texas Medical Branch at
  Galveston, the Texas Tech University Health Sciences Center, the
  Baylor College of Medicine, the college of osteopathic medicine at
  the University of North Texas Health Science Center at Fort Worth,
  or The Texas A&M University System Health Science Center.
         SECTION 7.  Section 501.133, Government Code, is amended by
  amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  The committee consists of nine [five] voting members and
  one nonvoting member as follows:
               (1)  one member employed full-time by the department,
  appointed by the executive director;
               (2)  one member who is a physician and employed
  full-time by The University of Texas Medical Branch at Galveston,
  appointed by the president of the medical branch;
               (3)  one member who is a physician and employed
  full-time by the Texas Tech University Health Sciences Center,
  appointed by the president of the university;
               (4)  two members who are physicians, each of whom is
  employed full-time by a medical school other than The University of
  Texas Medical Branch at Galveston or the Texas Tech University
  Health Sciences Center, appointed by the governor;
               (5)  two members appointed by the governor who are
  licensed mental health professionals;
               (6)   two public members appointed by the governor who
  are not affiliated with the department or with any contracting 
  entity [with which the committee has contracted to provide health
  care services under this chapter], at least one of whom is licensed
  to practice medicine in this state; and
               (7) [(5)]  the state Medicaid director or a person
  employed full-time by the Health and Human Services Commission and
  appointed by the Medicaid director, to serve ex officio as a
  nonvoting member.
         (c)  A committee member appointed under Subsection (a)(7)
  shall assist the department with developing the expertise needed to
  accurately assess health care costs and determine appropriate
  rates.
         SECTION 8.  Section 501.136, Government Code, is amended to
  read as follows:
         Sec. 501.136.  APPOINTMENT; TERMS OF OFFICE; VACANCY [FOR
  PUBLIC MEMBERS].  (a) The two committee members appointed under
  Section 501.133(a)(4) serve concurrent four-year terms expiring on
  February 1 following the fourth anniversary of the date of
  appointment. On the expiration of the terms, the governor shall
  appoint one member from each of the next two medical schools that,
  based on an alphabetical listing of the names of the medical
  schools, follow the medical schools that employ the vacating
  members. A medical school may not be represented at any given time
  by more than one member appointed under Section 501.133(a)(4).
         (b)  The two committee members appointed under Section
  501.133(a)(5) serve concurrent four-year terms expiring on
  February 1 following the fourth anniversary of the date of
  appointment.
         (c)  Public [Committee] members appointed under Section
  501.133(a)(6) [by the governor] serve staggered four-year terms,
  with the term of one of those members expiring on February 1 of each
  odd-numbered year.
         (d)  Other committee members serve at the will of the
  appointing official or until termination of the member's employment
  with the entity the member represents.
         (e)  If a vacancy occurs, the appropriate appointing
  authority shall appoint a person, in the same manner as the original
  appointment, to serve for the remainder of the unexpired term. If a
  vacancy occurs in a position appointed under Section 501.133(a)(4),
  the governor shall appoint a physician employed by the same medical
  school as that of the vacating member.
         SECTION 9.  Section 501.146, Government Code, is amended by
  amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  The committee shall develop and approve a managed health
  care plan for all persons confined by the department that
  [includes]:
               (1)  specifies the types and general level of care to be
  provided to [the establishment of a managed health care provider
  network of physicians and hospitals that will serve the department
  as the exclusive health care provider for] persons confined [in
  institutions operated] by the department; and
               (2)  ensures continued access to needed care in the
  correctional health care system [cost containment studies;
               [(3)     care case management and utilization management
  studies performed for the department; and
               [(4)     concerning the establishment of criteria for
  hospitals, home health providers, or hospice providers, a provision
  requiring the managed health care plan to accept certification by
  the Medicare program under Title XVIII, Social Security Act (42
  U.S.C. Section 1395 et seq.), and its subsequent amendments, as an
  alternative to accreditation by the Joint Commission on
  Accreditation of Healthcare Organizations].
         (c)  The committee shall provide expertise to the
  department, and may appoint subcommittees to assist the department,
  in developing policies and procedures for implementation of the
  managed health care plan.
         SECTION 10.  Section 501.147, Government Code, is amended to
  read as follows:
         Sec. 501.147.  POWERS AND DUTIES OF DEPARTMENT; AUTHORITY TO
  CONTRACT. (a)  The department, in cooperation with the contracting
  entities, shall:
               (1)  establish a managed health care provider network
  of physicians and hospitals to provide health care to persons
  confined by the department; and
               (2)  evaluate and recommend to the board sites for new
  medical facilities that appropriately support the managed health
  care provider network.
         (b)  The department may:
               (1)  communicate with the legislature regarding the
  financial needs of the correctional health care system;
               (2)  monitor the expenditures of a contracting entity
  to ensure that those expenditures comply with applicable statutory
  and contractual requirements;
               (3)  address problems found through monitoring
  activities, including requiring corrective action if care does not
  meet expectations as determined by those monitoring activities;
               (4)  identify and address long-term needs of the
  correctional health care system;
               (5)  [enter into a] contract with any entity to fully
  implement the managed health care plan under this subchapter,
  including contracting for health care services and the integration
  of those services into the managed health care provider network;
               (6)  contract with an individual for financial
  consulting services and make use of financial monitoring of the
  managed health care plan to assist the department in determining an
  accurate capitation rate; and
               (7)  contract with an individual for actuarial
  consulting services to assist the department in determining trends
  in the health of the inmate population and the impact of those
  trends on future financial needs.
         (c)  In contracting for the implementation of the managed
  health care plan, the department shall:
               (1)  [A contract entered into under this subsection
  must] include provisions necessary to ensure that the contracting
  entity [The University of Texas Medical Branch at Galveston] is
  eligible for and makes reasonable efforts to participate in the
  purchase of prescription drugs under Section 340B, Public Health
  Service Act (42 U.S.C. Section 256b); and[.]
               (2) [(b)     The department may contract with other
  governmental entities for similar health care services and
  integrate those services into the managed health care provider
  network.
         [(c)     In contracting for implementation of the managed
  health care plan, the department,] to the extent possible, [shall]
  integrate the managed health care provider network with the
  [public] medical schools [of this state] and the component and
  affiliated hospitals of those medical schools.  [The contract must
  authorize The University of Texas Medical Branch at Galveston to
  contract directly with the Texas Tech University Health Sciences
  Center for the provision of health care services.   The Texas Tech
  University Health Sciences Center shall cooperate with The
  University of Texas Medical Branch at Galveston in its efforts to
  participate in the purchase of prescription drugs under Section
  340B, Public Health Service Act (42 U.S.C. Section 256b).]
         (d)  For services that a governmental entity [the public
  medical schools and their components and affiliates] cannot
  provide, the department shall initiate a competitive bidding
  process for contracts with other providers for medical care to
  persons confined by the department.
         [(e)     The department, in cooperation with the committee, may
  contract with an individual or firm for a biennial review of, and
  report concerning, expenditures under the managed health care plan.  
  The review must be conducted by an individual or firm experienced in
  auditing the state's Medicaid expenditures and other medical
  expenditures.   Not later than September 1 of each even-numbered
  year, the department shall submit a copy of a report under this
  section to the health care providers that are part of the managed
  health care provider network established under this subchapter, the
  Legislative Budget Board, the governor, the lieutenant governor,
  and the speaker of the house of representatives.]
         SECTION 11.  Subchapter E, Chapter 501, Government Code, is
  amended by adding Section 501.1471 to read as follows:
         Sec. 501.1471.  REPORT. (a) Not later than the 30th day
  after the end of each fiscal quarter, the department shall submit to
  the Legislative Budget Board and the governor a report that
  contains, for the preceding quarter:
               (1)  the actual and projected expenditures for the
  correctional health care system, including expenditures for unit
  and psychiatric care, hospital and clinical care, and pharmacy
  services;
               (2)  health care utilization and acuity data;
               (3)  other health care information as determined by the
  governor and the Legislative Budget Board; and
               (4)  the amount of cost savings realized as a result of
  contracting for health care services under this subchapter with a
  provider other than the Texas Tech University Health Sciences
  Center and The University of Texas Medical Branch.
         (b)  A contract entered into by the department for the
  provision of health care services must require the contracting
  entity to provide the department with necessary documentation to
  fulfill the requirements of this section.
         SECTION 12.  Sections 501.148(a) and (b), Government Code,
  are amended to read as follows:
         (a)  The committee may:
               (1)  develop statewide policies for the delivery of
  correctional health care;
               (2)  [communicate with the department and the
  legislature regarding the financial needs of the correctional
  health care system;
               [(3)     in conjunction with the department,     monitor the
  expenditures of The University of Texas Medical Branch at Galveston
  and the Texas Tech University Health Sciences Center to ensure that
  those expenditures comply with applicable statutory and
  contractual requirements;
               [(4)] serve as a dispute resolution forum in the event
  of a disagreement relating to inmate health care services between:
                     (A)  the department and the health care providers;
  or
                     (B)  contracting entities [The University of
  Texas Medical Branch at Galveston and the Texas Tech University
  Health Sciences Center;
               [(5)     address problems found through monitoring
  activities by the department and health care providers, including
  requiring corrective action if care does not meet expectations as
  determined by those monitoring activities;
               [(6)     identify and address long-term needs of the
  correctional health care system]; and
               (3) [(7)]  report to the board [Texas Board of Criminal
  Justice] at the board's regularly scheduled meeting each quarter on
  the committee's policy recommendations[, the financial status of
  the correctional health care system, and corrective actions taken
  by or required of the department or the health care providers].
         (b)  The committee shall advise the department and the board
  as necessary, including providing medical expertise and assisting
  the department and the board in identifying system needs and
  resolving contract disputes [evaluate and recommend to the board
  sites for new medical facilities that appropriately support the
  managed health care provider network].
         SECTION 13.  Sections 501.1485(a) and (b), Government Code,
  are amended to read as follows:
         (a)  The department, in cooperation with any contracting
  entity that is a medical school [The University of Texas Medical
  Branch at Galveston and the Texas Tech University Health Sciences
  Center], shall develop and implement a training program for
  corrections medication aides that uses a curriculum specific to
  administering medication in a correctional setting.
         (b)  In developing the curriculum for the training program,
  the department and the medical school [, The University of Texas
  Medical Branch at Galveston, and the Texas Tech University Health
  Sciences Center] shall:
               (1)  consider the content of the curriculum developed
  by the American Correctional Association for certified corrections
  nurses; and
               (2)  modify as appropriate the content of the
  curriculum developed under Chapter 242, Health and Safety Code, for
  medication aides administering medication in convalescent and
  nursing homes and related institutions to produce content suitable
  for administering medication in a correctional setting.
         SECTION 14.  Subchapter E, Chapter 508, Government Code, is
  amended by adding Section 508.1411 to read as follows:
         Sec. 508.1411.  NOTIFICATION OF PAROLE PANEL DECISION. (a)
  For each decision of a parole panel granting or denying the release
  of an inmate on parole, or denying the release of an inmate on
  mandatory supervision, the parole panel shall:
               (1)  produce a written statement, in clear and
  understandable language, that explains:
                     (A)  the decision; and
                     (B)  the reasons for the decision only to the
  extent those reasons relate specifically to the inmate;
               (2)  provide a copy of the statement to the inmate; and
               (3)  place a copy of the statement in the inmate's file.
         (b)  In a written statement produced under Subsection (a),
  the parole panel may withhold information that:
               (1)  is confidential and not subject to public
  disclosure under Chapter 552; or
               (2)  the parole panel considers to possibly jeopardize
  the health or safety of any individual.
         (c)  The board shall keep a copy of each statement produced
  under Subsection (a) in a central location.
         SECTION 15.  Section 508.144, Government Code, is amended to
  read as follows:
         Sec. 508.144.  PAROLE GUIDELINES AND RANGE OF RECOMMENDED
  PAROLE APPROVAL RATES. (a) The board shall:
               (1)  develop according to an acceptable research method
  the parole guidelines that are the basic criteria on which a parole
  decision is made;
               (2)  base the guidelines on the seriousness of the
  offense and the likelihood of a favorable parole outcome;
               (3)  ensure that the guidelines require consideration
  of an inmate's progress in any programs in which the inmate
  participated during the inmate's term of confinement; [and]
               (4)  establish and maintain a range of recommended
  parole approval rates for each category or score within the
  guidelines; and
               (5)  implement the guidelines.
         (b)  [If a board member or parole commissioner deviates from
  the parole guidelines in voting on a parole decision, the member or
  parole commissioner shall:
               [(1)     produce a written statement describing in detail
  the specific circumstances regarding the departure from the
  guidelines;
               [(2)     place a copy of the statement in the file of the
  inmate for whom the parole decision was made; and
               [(3)  provide a copy of the statement to the inmate.
         [(c)     The board shall keep a copy of a statement made under
  Subsection (b) in a central location.
         [(d)]  The board shall meet annually to review and discuss
  the parole guidelines and range of recommended parole approval
  rates [developed under Subsection (a)].  The board may consult
  outside experts to assist with the review.  The board shall
  prioritize the use of outside experts, technical assistance, and
  training in taking any action under Subsection (c).  The board must
  consider:
               (1)  how the parole guidelines and range of recommended
  parole approval rates serve the needs of parole decision-making;
  and
               (2)  the extent to which [how well] the parole
  guidelines and range of recommended parole approval rates reflect
  parole panel decisions [;] and
               [(3)  how well parole guidelines] predict successful
  parole outcomes.
         (c) [(e)]  Based on the board's review [of the parole
  guidelines] under Subsection (b) [(d)], the board may:
               (1)  update the guidelines by:
                     (A)  including new risk factors; or
                     (B)  changing the values of offense severity or
  risk factor scores; or
               (2)  modify the range of recommended parole approval
  rates under the guidelines, if:
                     (A)  a modification is recommended as a result of
  the peer review process under Section 508.1441; or
                     (B)  parole approval rates differ significantly
  from the range of recommended parole approval rates.
         (d) [(f)]  The board is not required to hold an open meeting
  to review the parole guidelines and range of recommended parole
  approval rates as required by Subsection (b) [(d)], but any
  modifications or updates to the guidelines or range of recommended
  parole approval rates made by the board under Subsection (c) [(e)]
  must occur in an open meeting.
         SECTION 16.  Subchapter E, Chapter 508, Government Code, is
  amended by adding Section 508.1441 to read as follows:
         Sec. 508.1441.  REVIEW OF DEVIATIONS; PEER REVIEW PANELS.
  (a)  The board shall conduct an annual review of the voting patterns
  of each regional office and individual parole panel member to
  identify the offices or members that have actual parole approval
  rates in a fiscal year that deviate from the range of recommended
  parole approval rates for a given category or score by more than
  five percent either above or below the recommended range.
         (b)  The board shall develop and implement a peer review
  process by which a panel will review the parole decisions of a
  regional office identified by the board as deviating from the range
  of recommended parole approval rates as described by Subsection
  (a).
         (c)  The presiding officer shall designate the composition
  of each peer review panel and shall designate panels composed of any
  combination of board members and parole commissioners.
         (d)  In conducting a review, a peer review panel shall:
               (1)  review a reasonable sample of the cases of the
  regional office under review that relate to the deviation;
               (2)  determine whether the deviation:
                     (A)  was justified; or
                     (B)  indicates a need for additional training, a
  reexamination of the parole guidelines, or a modification of the
  range of recommended parole approval rates to increase the
  reliability, validity, or effectiveness of the guidelines or range;
  and
               (3)  make recommendations to the regional office under
  review to enable the office to more accurately align the office's
  actual parole approval rates with the range of recommended parole
  approval rates.
         (e)  A peer review panel shall provide the presiding officer
  with a copy of any recommendations made under Subsection (d)(3).
         (f)  A regional office under review shall develop and submit
  to the presiding officer for consideration and approval a plan to
  implement recommendations made to the office under Subsection
  (d)(3).
         SECTION 17.  Section 508.1445(b), Government Code, is
  amended to read as follows:
         (b)  The report must include:
               (1)  a brief explanation of the parole guidelines,
  including how the board:
                     (A)  defines the risk factors and offense severity
  levels; and
                     (B)  determines the range of recommended parole
  approval rates for each guideline score;
               (2)  a comparison of the range of recommended parole 
  approval rates under the parole guidelines to the actual approval
  rates for individual parole panel members, regional offices, and
  the state as a whole; [and]
               (3)  a description of instances in which the actual
  parole approval rates do not meet the range of recommended parole
  approval rates under the parole guidelines, an explanation of the
  variations, and a list of actions that the board has taken or will
  take to meet the guidelines; and
               (4)  a summary of each peer review panel's
  recommendations and the results of any approved actions taken to
  implement those recommendations, as described by Section
  508.1441(f).
         SECTION 18.  The heading to Section 508.152, Government
  Code, is amended to read as follows:
         Sec. 508.152.   INDIVIDUAL TREATMENT PLAN [PROPOSED PROGRAM
  OF INSTITUTIONAL PROGRESS].
         SECTION 19.  Section 508.152, Government Code, is amended by
  amending Subsections (b) and (d) and adding Subsections (b-1) and
  (b-2) to read as follows:
         (b)  The department shall:
               (1)  establish for the inmate an individual treatment
  plan [a proposed program of measurable institutional progress]; and
               (2)  submit the plan [proposed program] to the board at
  the time of the board's consideration of the inmate's case for
  release.
         (b-1)  The department shall include in an inmate's
  individual treatment plan:
               (1)  a record of the inmate's institutional progress
  that includes the inmate's participation in any program, including
  an intensive volunteer program as defined by the department;
               (2)  the results of any assessment of the inmate,
  including any assessment made using the risk and needs assessment
  instrument adopted under Section 501.0921 and any vocational,
  educational, or substance abuse assessment;
               (3)  the dates on which the inmate must participate in
  any subsequent assessment; and
               (4)  all of the treatment and programming needs of the
  inmate, prioritized based on the inmate's assessed needs.
         (b-2)  At least once in every 12-month period, the department
  shall review each inmate's individual treatment plan to assess the
  inmate's institutional progress and revise or update the plan as
  necessary.
         (d)  Before the inmate is approved for release on parole, the
  inmate must agree to participate in the programs and activities
  described by the individual treatment plan [proposed program of
  measurable institutional progress].
         SECTION 20.  Section 508.281, Government Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  Any hearing required to be conducted by a parole panel
  under this chapter may be conducted by a designated agent of the
  board.  The designated agent may make recommendations to a parole
  panel that has responsibility for making a final determination.
         SECTION 21.  Chapter 509, Government Code, is amended by
  adding Section 509.0041 to read as follows:
         Sec. 509.0041.  USE OF RISK AND NEEDS ASSESSMENT INSTRUMENT.
  The division shall require each department to use the risk and needs
  assessment instrument adopted by the Texas Department of Criminal
  Justice under Section 501.0921 to assess each defendant at the time
  of the defendant's initial placement on community supervision and
  at other times as required by the comprehensive reentry and
  reintegration plan adopted under Section 501.092.
         SECTION 22.  Section 509.010(b), Government Code, is amended
  to read as follows:
         (b)  Before the 30th day before the date of the meeting, the
  division, the department that the facility is to serve, or a vendor
  proposing to operate the facility shall:
               (1)  publish by advertisement that is not less than
  3-1/2 inches by 5 inches notice of the date, hour, place, and
  subject of the hearing required by Subsection (a) in three
  consecutive issues of a newspaper of, or in newspapers that
  collectively have, general circulation in the county in which the
  proposed facility is to be located; and
               (2)  mail a copy of the notice to each police chief,
  sheriff, city council member, mayor, county commissioner, county
  judge, school board member, state representative, and state senator
  who serves or represents the area in which the proposed facility is
  to be located, unless the proposed facility has been previously
  authorized to operate at a particular location as part of a
  community justice plan submitted by a community justice council
  under Section 509.007 [76.003].
         SECTION 23.  Section 509.011(a), Government Code, is amended
  to read as follows:
         (a)  If the division determines that a department complies
  with division standards and if the community justice council has
  submitted a community justice plan under Section 509.007 [76.003]
  and the supporting information required by the division and the
  division determines the plan and supporting information are
  acceptable, the division shall prepare and submit to the
  comptroller vouchers for payment to the department as follows:
               (1)  for per capita funding, a per diem amount for each
  felony defendant directly supervised by the department pursuant to
  lawful authority;
               (2)  for per capita funding, a per diem amount for a
  period not to exceed 182 days for each defendant supervised by the
  department pursuant to lawful authority, other than a felony
  defendant; and
               (3)  for formula funding, an annual amount as computed
  by multiplying a percentage determined by the allocation formula
  established under Subsection (f) times the total amount provided in
  the General Appropriations Act for payments under this subdivision.
         SECTION 24.  Chapter 509, Government Code, is amended by
  adding Sections 509.013 and 509.014 to read as follows:
         Sec. 509.013.  GRANT PROGRAM ADMINISTRATION. (a) In this
  section, "grant program" means a grant program administered by the
  division through which the division awards grants to departments
  through an application process.
         (b)  The division shall:
               (1)  establish goals for each grant program that are
  consistent with the purposes described by Section 509.002 and the
  mission of the division;
               (2)  establish grant application, review, award, and
  evaluation processes;
               (3)  establish the process by which and grounds on
  which an applicant may appeal a decision of the division regarding a
  grant application;
               (4)  establish and maintain a system to routinely
  monitor grant performance;
               (5)  establish and make available to the public:
                     (A)  all criteria used in evaluating grant
  applications; and
                     (B)  all factors used to measure grant program
  performance;
               (6)  publish on the division's Internet website for
  each grant awarded:
                     (A)  the amount awarded;
                     (B)  the method used in scoring the grant
  applications and the results of that scoring; and
                     (C)  additional information describing the
  methods used to make the funding determination; and
               (7)  require each department to submit
  program-specific outcome data for the division's use in making
  grant awards and funding decisions.
         Sec. 509.014.  STUDY REGARDING PERFORMANCE-BASED FUNDING.
  (a)  The division shall:
               (1)  review the funding formulas specified under
  Section 509.011 and study the feasibility of adopting
  performance-based funding formulas, including whether the formulas
  should take into consideration an offender's risk level or other
  appropriate factors in allocating funding; and
               (2)  make recommendations for modifying the current
  funding formulas.
         (b)  In conducting the study and making recommendations
  under Subsection (a), the division shall:
               (1)  seek input from departments, the judicial advisory
  council established under Section 493.003(b), and other relevant
  interest groups; and
               (2)  in consultation with the Legislative Budget Board,
  determine the impact of any recommendations on the allocation of
  the division's funds as projected by the Legislative Budget Board.
         (c)  The division shall include in the reports prepared under
  Sections 509.004(c) and 509.016(c):
               (1)  the findings of the study;
               (2)  any recommendations regarding modifying the
  funding formulas; and
               (3)  the projected impact of the recommendations on the
  allocation of the division's funds.
         SECTION 25.  Article 42.01, Code of Criminal Procedure, is
  amended by adding Section 11 to read as follows:
         Sec. 11.  In addition to the information described by
  Section 1, the judgment should reflect whether a victim impact
  statement was returned to the attorney representing the state
  pursuant to Article 56.03(e).
         SECTION 26.  Article 56.03(e), Code of Criminal Procedure,
  is amended to read as follows:
         (e)  Prior to the imposition of a sentence by the court in a
  criminal case, the court[, if it has received a victim impact
  statement,] shall, as applicable in the case, inquire as to whether
  a victim impact statement has been returned to the attorney
  representing the state and, if a victim impact statement has been
  returned to the attorney representing the state, consider the
  information provided in the statement. Before sentencing the
  defendant, the court shall permit the defendant or the defendant's
  [his] counsel a reasonable time to read the statement, excluding
  the victim's name, address, and telephone number, comment on the
  statement, and, with the approval of the court, introduce testimony
  or other information alleging a factual inaccuracy in the
  statement. If the court sentences the defendant to a term of
  community supervision, the attorney representing the state [court]
  shall forward any victim's impact statement received in the case to
  the community supervision and corrections department supervising
  the defendant[, along with the papers in the case].
         SECTION 27.  Article 56.04, Code of Criminal Procedure, is
  amended by adding Subsection (d-1) and amending Subsection (e) to
  read as follows:
         (d-1)  The victim services division of the Texas Department
  of Criminal Justice, in consultation with the Board of Pardons and
  Paroles, law enforcement agencies, prosecutors' offices, and other
  participants in the criminal justice system, shall develop
  recommendations to ensure that completed victim impact statements
  are submitted to the Texas Department of Criminal Justice as
  provided by this chapter.
         (e)  On inquiry by the court, the attorney representing the
  state [The victim assistance coordinator] shall make available
  [send] a copy of a victim impact statement for consideration by [to]
  the court sentencing the defendant.  If the court sentences the
  defendant to imprisonment in the Texas Department of Criminal
  Justice, the court [it] shall attach the copy of the victim impact
  statement to the commitment papers.
         SECTION 28.  Chapter 19, Education Code, is amended by
  adding Section 19.0022 to read as follows:
         Sec. 19.0022.  SUNSET PROVISION. The Windham School District
  is subject to review under Chapter 325, Government Code (Texas
  Sunset Act). The district shall be reviewed during the period in
  which the Texas Department of Criminal Justice is reviewed.
         SECTION 29.  Section 19.0041, Education Code, is amended to
  read as follows:
         Sec. 19.0041.  PROGRAM DATA COLLECTION AND BIENNIAL 
  EVALUATION AND REPORT [OF TRAINING SERVICES]. (a) To evaluate the
  effectiveness of its programs [training services provided to
  persons confined or imprisoned in the department], the Windham
  School District shall [consult with the Legislative Budget Board
  to] compile and analyze information for each of its programs,
  including performance-based information and data related to
  academic, vocational training, and life skills programs [person who
  receives the training services]. This information shall include for
  each person who participates in district programs an evaluation of:
               (1)  institutional disciplinary violations;
               (2)  subsequent arrests;
               (3)  subsequent convictions or confinements;
               (4)  the cost of confinement;
               (5)  educational achievement;
               (6)  high school equivalency examination passage;
               (7)  the kind of training services provided;
               (8) [(2)]  the kind of employment the person obtains on
  release;
               (9) [(3)]  whether the employment was related to
  training;
               (10) [(4)]  the difference between the amount of the
  person's earnings on the date employment is obtained following
  release and the amount of those earnings on the first anniversary of
  that date; and
               (11) [(5)]  the retention factors associated with the
  employment.
         (b)  The Windham School District shall use the information
  compiled and analyzed under Subsection (a) to biennially:
               (1)  evaluate whether its programs meet the goals under
  Section 19.003 and make changes to the programs as necessary; and
               (2)  [Legislative Budget Board shall] submit a [an
  annual] report to the board, the legislature, and the governor's
  office [based on data compiled and analyzed under Subsection (a)].
         (c)  The Windham School District may enter into a memorandum
  of understanding with the department, the Department of Public
  Safety, and the Texas Workforce Commission to obtain and share data
  necessary to evaluate district programs.
         SECTION 30.  The following provisions of the Government Code
  are repealed:
               (1)  Section 493.009(i);
               (2)  Section 501.100; and
               (3)  Sections 501.148(c) and (d).
         SECTION 31.  Not later than October 1, 2013, each facility
  under the oversight of the correctional institutions division of
  the Texas Department of Criminal Justice shall establish a case
  management committee as required by Section 493.031, Government
  Code, as added by this Act.
         SECTION 32.  Not later than January 1, 2014:
               (1)  the Texas Department of Criminal Justice shall
  adopt the comprehensive reentry and reintegration plan required by
  Section 501.092, Government Code, as amended by this Act; and
               (2)  the executive director of the Texas Department of
  Criminal Justice shall appoint representatives to serve on the
  reentry task force as required by Section 501.098, Government Code,
  as amended by this Act.
         SECTION 33.  Not later than September 1, 2016, the Texas
  Department of Criminal Justice shall submit the first report
  required by Section 501.092(i), Government Code, as added by this
  Act.
         SECTION 34.  (a) Not later than January 31, 2014, the
  governor shall appoint to the Correctional Managed Health Care
  Committee one member from each of the first two medical schools, so
  as to comply with the membership requirements of Section
  501.133(a)(4), Government Code, as amended by this Act, based on an
  alphabetical listing of the names of the medical schools.
         (b)  Not later than January 31, 2014, the governor shall
  appoint to the Correctional Managed Health Care Committee two
  members who are licensed health professionals, so as to comply with
  the membership requirements of Section 501.133(a)(5), Government
  Code, as added by this Act.
         (c)  Notwithstanding the terms of the members as provided by
  Section 501.136(a), Government Code, as added by this Act, the
  terms of the members appointed under this section expire February
  1, 2017.
         SECTION 35.  Not later than the 30th day after the end of the
  first quarter of fiscal year 2014, the Texas Department of Criminal
  Justice shall submit the first report required by Section 501.1471,
  Government Code, as added by this Act.
         SECTION 36.  Section 508.1411, Government Code, as added by
  this Act, applies only to a decision of a parole panel made on or
  after November 1, 2013.  A decision of a parole panel made before
  November 1, 2013, is governed by the law in effect immediately
  before the effective date of this Act, and the former law is
  continued in effect for that purpose.
         SECTION 37.  Not later than January 1, 2014, the Board of
  Pardons and Paroles shall:
               (1)  establish the range of recommended parole approval
  rates required by Section 508.144(a), Government Code, as amended
  by this Act; and
               (2)  develop and begin implementation of the peer
  review process required by Section 508.1441, Government Code, as
  added by this Act.
         SECTION 38.  Not later than January 1, 2014, the community
  justice assistance division of the Texas Department of Criminal
  Justice shall adopt forms, establish procedures, and take other
  actions necessary to comply with the requirements of Section
  509.013, Government Code, as added by this Act.
         SECTION 39.  Not later than January 1, 2017, the community
  justice assistance division of the Texas Department of Criminal
  Justice shall include in the reports submitted under Sections
  509.004(c) and 509.016(c), Government Code, the findings,
  recommendations, and projected impact of recommendations from the
  first study conducted under Section 509.014, Government Code, as
  added by this Act.
         SECTION 40.  Before January 1, 2014, the victim services
  division of the Texas Department of Criminal Justice shall develop
  the recommendations required by Article 56.04(d-1), Code of
  Criminal Procedure, as added by this Act.
         SECTION 41.  This Act takes effect September 1, 2013.