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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of an educational and vocational |
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training pilot program for certain state jail felony defendants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter L, Chapter 42A, Code of Criminal |
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Procedure, is amended by adding Article 42A.562 to read as follows: |
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Art. 42A.562. PLACEMENT ON COMMUNITY SUPERVISION; |
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EDUCATIONAL AND VOCATIONAL TRAINING PILOT PROGRAM. (a) Except as |
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provided by Subsection (b), a judge assessing punishment in a state |
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jail felony case may suspend the imposition of the sentence and |
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place the defendant on community supervision with the conditions |
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that the defendant: |
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(1) submit at the beginning of the term of community |
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supervision to confinement in a state jail felony facility for a |
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term not to exceed 90 days; and |
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(2) participate in a program operated under Section |
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507.007, Government Code. |
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(b) A judge may not place a defendant on community |
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supervision under this article if the defendant is or has |
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previously been convicted of an offense under Title 5, Penal Code. |
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(c) Before a judge may place a defendant on community |
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supervision under this article, the defendant must be assessed |
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using the risk and needs assessment instrument adopted under |
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Section 501.0921, Government Code, or a similar instrument that |
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takes into consideration the defendant's prior criminal history. |
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(d) Notwithstanding Article 42A.559(c), the judge shall |
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credit against the time the defendant is required to serve under |
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Subsection (a)(1) time the defendant served in a county jail from |
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the time of the defendant's arrest until sentencing. |
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(e) Notwithstanding the minimum period of community |
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supervision provided by Article 42A.553(a), a judge placing a |
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defendant on community supervision under this article shall impose |
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a period of community supervision not to exceed 270 days. |
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(f) A defendant placed on community supervision under this |
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article must participate fully in the program described by |
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Subsection (a)(2). The provisions of Subchapter P authorizing the |
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judge to revoke a defendant's community supervision or otherwise |
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sanction the defendant apply with respect to a defendant who |
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violates the requirement of this subsection. |
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SECTION 2. Subchapter A, Chapter 507, Government Code, is |
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amended by adding Section 507.007 to read as follows: |
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Sec. 507.007. EDUCATIONAL AND VOCATIONAL TRAINING PILOT |
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PROGRAM. (a) The department shall establish a pilot program to |
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provide educational and vocational training, employment, and |
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reentry services to defendants placed on community supervision and |
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required to serve a term of confinement in a state jail felony |
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facility under Article 42A.562, Code of Criminal Procedure. |
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(b) The department, in consultation with interested |
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parties, shall determine the eligibility criteria for a defendant |
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to participate in the pilot program, including requiring the |
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defendant to arrange for suitable housing while participating in |
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the program. |
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(c) The department, in consultation with interested |
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parties, shall determine not more than four locations in this state |
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in which the pilot program will operate. In determining the |
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locations, the department shall consider locating the program in |
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various regions throughout the state, including locations having a |
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variety of population sizes. The department shall also give |
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consideration to whether a risk and needs assessment is generally |
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conducted before sentencing defendants in a particular location and |
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to the degree to which local judges show support for the |
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establishment of the program in a particular location. |
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(d) The department shall issue a request for proposals from |
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public or private entities to provide services through the pilot |
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program. The department shall select one or more qualified |
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applicants to provide services through the program to eligible |
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defendants. |
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(e) The pilot program consists of approximately 180 days of |
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employment-related services and support and must include: |
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(1) an initial period during which the defendant will: |
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(A) receive training and education related to the |
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defendant's vocational goals; and |
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(B) be employed by the provider; |
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(2) job placement services designed to provide |
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employment for the defendant after the period described by |
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Subdivision (1); |
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(3) assistance in obtaining a high school diploma or |
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industry certification for applicable defendants; |
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(4) life-skills training, including information about |
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budgeting and money management; and |
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(5) counseling and mental health services. |
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(f) The department shall limit the number of defendants who |
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may participate in the program to not more than 45 defendants per |
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quarter per program location. |
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(g) The department shall pay providers not less than $40 per |
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day for each participant. |
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SECTION 3. Not later than September 1, 2019, the Texas |
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Department of Criminal Justice shall establish the pilot program |
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required by Section 507.007, Government Code, as added by this Act. |
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SECTION 4. Article 42A.562, Code of Criminal Procedure, as |
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added by this Act, applies only to a defendant who receives a |
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sentence of confinement in a state jail on or after September 1, |
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2019. A defendant who receives a sentence of confinement in a state |
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jail before September 1, 2019, is governed by the law in effect |
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immediately before the effective date of this Act, and the former |
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law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2017. |
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