| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the establishment of an educational and vocational |
|
|
training pilot program for certain state jail felony defendants. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
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. |
|
|
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. |
|
|
SECTION 3. Not later than September 1, 2019, the Texas |
|
|
Department of Criminal Justice shall establish the pilot program |
|
|
required by Section 507.007, Government Code, as added by this Act. |
|
|
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. |
|
|
SECTION 5. This Act takes effect September 1, 2017. |