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SECTION 1. Subchapter L,
Chapter 42A, Code of Criminal Procedure, is amended by adding Article
42A.562 to read as follows:
Art. 42A.562. PLACEMENT
ON COMMUNITY SUPERVISION; EDUCATIONAL AND VOCATIONAL TRAINING PILOT
PROGRAM. (a)
A judge assessing
punishment in a state jail felony case may suspend the imposition of the
sentence and place the defendant on community supervision with the
conditions that the defendant:
(1) submit at the
beginning of the term of community supervision to confinement in a state
jail felony facility for a term of
90 days; and
(2) participate in a
program operated under Section 507.007, Government Code.
(b) Notwithstanding
Article 42A.559(c), the judge shall credit against the time the defendant
is required to serve under Subsection (a)(1) time the defendant served in a
county jail from the time of the defendant's arrest until sentencing.
(c) Notwithstanding the
minimum period of community supervision provided by Article 42A.553(a), a
judge placing a defendant on community supervision under this article shall
impose a period of community supervision of
270 days.
(d) After receiving a notification from the Texas Department of
Criminal Justice under Section 507.008, Government Code, that the
department has determined that a defendant confined as required by
Subsection (a)(1) is not eligible to participate in the program described
by Subsection (a)(2), the judge shall:
(1) modify the defendant's conditions to remove the defendant's
scheduled participation in the program; or
(2) file a statement of the judge's reasons for not modifying
the condition as described by Subdivision (1) with the papers in the case.
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SECTION 1. Subchapter L,
Chapter 42A, Code of Criminal Procedure, is amended by adding Article
42A.562 to read as follows:
Art. 42A.562. PLACEMENT
ON COMMUNITY SUPERVISION; EDUCATIONAL AND VOCATIONAL TRAINING PILOT
PROGRAM. (a) Except as provided by
Subsection (b), a judge assessing punishment in a state jail felony
case may suspend the imposition of the sentence and place the defendant on
community supervision with the conditions that the defendant:
(1) submit at the
beginning of the term of community supervision to confinement in a state
jail felony facility for a term not to
exceed 90 days; and
(2) participate in a
program operated under Section 507.007, Government Code.
(b) A judge may not place a defendant on community supervision
under this article if the defendant is or has previously been convicted of
an offense under Title 5, Penal Code.
(c) Before a judge may place a defendant on community
supervision under this article, the defendant must be assessed using the
risk and needs assessment instrument adopted under Section 501.0921,
Government Code, or a similar instrument that takes into consideration the
defendant's prior criminal history.
(d) Notwithstanding
Article 42A.559(c), the judge shall credit against the time the defendant
is required to serve under Subsection (a)(1) time the defendant served in a
county jail from the time of the defendant's arrest until sentencing.
(e) Notwithstanding the
minimum period of community supervision provided by Article 42A.553(a), a
judge placing a defendant on community supervision under this article shall
impose a period of community supervision not
to exceed 270 days.
(f) A defendant placed on community supervision under this
article must participate fully in the program described by Subsection
(a)(2). The provisions of Subchapter P authorizing the judge to revoke a
defendant's community supervision or otherwise sanction the defendant apply
with respect to a defendant who violates the requirement of this subsection.
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SECTION 2. Subchapter A,
Chapter 507, Government Code, is amended by adding Sections 507.007 and
507.008 to read as follows:
Sec. 507.007. EDUCATIONAL
AND VOCATIONAL TRAINING PILOT PROGRAM. (a) The department shall establish
a pilot program to provide educational and vocational training, employment,
and reentry services to defendants placed on community supervision and
required to serve a term of confinement in a state jail felony facility
under Article 42A.562, Code of Criminal Procedure.
(b) The department, in
consultation with interested parties, shall determine the eligibility
criteria for a defendant to participate in the pilot program, including
requiring the defendant to:
(1) cooperate with the department for purposes of completing
the risk and needs assessment instrument adopted under Section 501.0921;
and
(2) arrange for suitable
housing while participating in the program.
(c) The department, in
consultation with interested parties, shall determine four locations in
this state in which the pilot program will operate. In determining the
locations, the department shall consider locating the program in various
regions throughout the state, including locations having a variety of
population sizes. The department shall also give consideration to
the degree to which local
judges show support for the establishment of the program in a particular
location.
(d) The department shall
issue a request for proposals from public or private entities to provide
services through the pilot program. The department shall select one or
more qualified applicants to provide services through the pilot program to
eligible defendants.
(e) The pilot program
consists of 180 days of employment-related services and support and must
include:
(1) an initial period of 90 days during which the defendant
will:
(A) receive training and
education related to the defendant's vocational goals; and
(B) be employed by the
provider;
(2) job placement services
designed to provide employment for the defendant after the period described
by Subdivision (1);
(3) assistance in
obtaining a high school diploma or industry certification for applicable
defendants;
(4) life-skills training,
including information about budgeting and money management; and
(5) counseling and mental
health services.
(f) The department shall use the cost savings to the department as a
result of the release of defendants on community supervision under Article
42A.562, Code of Criminal Procedure, to pay providers not less than
$40 per day for each participant.
Sec. 507.008. IDENTIFICATION OF PILOT PROGRAM PARTICIPANTS.
(a) As soon as practicable after a defendant required to submit to
confinement under Article 42A.562(a)(1), Code of Criminal Procedure, is
received into the custody of a state jail felony facility, the department
shall assess the defendant with the risk and needs assessment instrument
adopted under Section 501.0921 to assess the defendant's suitability for
participation in the pilot program established under Section 507.007.
(b) Not later than the 20th day before the date the defendant
will complete the term of confinement imposed under Article 42A.562(a)(1),
Code of Criminal Procedure, the department shall:
(1) determine, based on the results of the assessment conducted
under Subsection (a), the defendant's conduct while confined, and any other
relevant information, whether the defendant meets the eligibility criteria
for participation in the pilot program established under Section 507.007;
and
(2) if the department determines that the defendant is not
eligible, notify the sentencing court of that fact.
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SECTION 2. Subchapter A,
Chapter 507, Government Code, is amended by adding Section 507.007 to read
as follows:
Sec. 507.007. EDUCATIONAL
AND VOCATIONAL TRAINING PILOT PROGRAM. (a) The department shall establish
a pilot program to provide educational and vocational training, employment,
and reentry services to defendants placed on community supervision and
required to serve a term of confinement in a state jail felony facility
under Article 42A.562, Code of Criminal Procedure.
(b) The department, in
consultation with interested parties, shall determine the eligibility
criteria for a defendant to participate in the pilot program, including
requiring the defendant to
arrange for suitable
housing while participating in the program.
(c) The department, in
consultation with interested parties, shall determine not more than four locations in this
state in which the pilot program will operate. In determining the
locations, the department shall consider locating the program in various
regions throughout the state, including locations having a variety of
population sizes. The department shall also give consideration to whether a risk and needs assessment is
generally conducted before sentencing defendants in a particular location
and to the degree to which local judges show support for the
establishment of the program in a particular location.
(d) The department shall
issue a request for proposals from public or private entities to provide
services through the pilot program. The department shall select one or
more qualified applicants to provide services through the program to
eligible defendants.
(e) The pilot program
consists of approximately 180
days of employment-related services and support and must include:
(1) an initial period
during which the defendant will:
(A) receive training and
education related to the defendant's vocational goals; and
(B) be employed by the
provider;
(2) job placement
services designed to provide employment for the defendant after the period
described by Subdivision (1);
(3) assistance in
obtaining a high school diploma or industry certification for applicable
defendants;
(4) life-skills training,
including information about budgeting and money management; and
(5) counseling and mental
health services.
(f) The department shall limit the number of defendants who may
participate in the program to not more than 45 defendants per quarter per
program location.
(g) The department shall
pay providers not less than $40 per day for each participant.
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SECTION 4. Article 42A.562,
Code of Criminal Procedure, as added by this Act, applies only to a
defendant who receives a sentence of confinement in a state jail on or
after June 1, 2018. A defendant
who receives a sentence of confinement in a state jail before June 1, 2018, 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.
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SECTION 4. Article 42A.562,
Code of Criminal Procedure, as added by this Act, applies only to a
defendant who receives a sentence of confinement in a state jail on or
after September 1, 2019. A
defendant who receives a sentence of confinement in a state jail before September 1, 2019, 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.
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