BILL ANALYSIS

 

 

Senate Research Center

H.B. 2189

84R17076 MAW-F

By: Parker (Creighton)

 

Criminal Justice

 

5/8/2015

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Interested parties have observed that offenders confined in Texas Department of Criminal Justice facilities who possess an intellectual disability or are of borderline intellectual functioning may lack a safe living environment or programs for treating their conditions and providing effective rehabilitation services. H.B. 2189 seeks to ensure a safe living environment with specialized programs and treatment for these developmentally disabled offenders.

 

H.B. 2189 amends current law relating to a developmentally disabled offender program established by the Texas Department of Criminal Justice.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Provides that this Act may be cited as the Radford Crocker Memorial Act.

 

SECTION 2. Amends Subchapter B, Chapter 501, Government Code, by adding Section 501.068, as follows:

 

Sec. 501.068.  DEVELOPMENTALLY DISABLED OFFENDER PROGRAM.  (a) Defines "offender" in this section to have the meaning assigned by Section 501.091.

 

(b) Requires the Texas Department of Criminal Justice (TDCJ) to establish and maintain a program for offenders:

 

(1)  who are suspected of or identified as having an intellectual disability or borderline intellectual functioning; and

 

(2)  whose adaptive functioning is significantly impaired.

 

(c)  Requires that the program provide an offender described by Subsection (b) with:

 

(1)  a safe environment while confined; and

 

(2)  specialized programs, treatments, and activities designed by TDCJ to assist the offender in effectively managing, treating, or accommodating the offender's intellectual disability or borderline intellectual functioning.

 

(d)  Authorizes TDCJ to accept gifts, awards, or grants for the purpose of providing the services described by Subsection (b).

 

SECTION 3. Effective date: September 1, 2015.