85R6315 MAW-D
 
  By: Parker H.B. No. 3130
 
 
 
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)  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.
         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.
         SECTION 3.  Not later than June 1, 2018, 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 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.
         SECTION 5.  This Act takes effect September 1, 2017.