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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) A judge |
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assessing punishment in a state jail felony case may suspend the |
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imposition of the sentence and place the defendant on community |
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supervision with the conditions 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 of 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) 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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(c) 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 of 270 days. |
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(d) After receiving a notification from the Texas |
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Department of Criminal Justice under Section 507.008, Government |
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Code, that the department has determined that a defendant confined |
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as required by Subsection (a)(1) is not eligible to participate in |
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the program described by Subsection (a)(2), the judge shall: |
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(1) modify the defendant's conditions to remove the |
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defendant's scheduled participation in the program; or |
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(2) file a statement of the judge's reasons for not |
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modifying the condition as described by Subdivision (1) with the |
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papers in the case. |
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SECTION 2. Subchapter A, Chapter 507, Government Code, is |
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amended by adding Sections 507.007 and 507.008 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: |
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(1) cooperate with the department for purposes of |
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completing the risk and needs assessment instrument adopted under |
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Section 501.0921; and |
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(2) arrange for suitable housing while participating |
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in the program. |
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(c) The department, in consultation with interested |
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parties, shall determine four locations in this state in which the |
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pilot program will operate. In determining the locations, the |
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department shall consider locating the program in various regions |
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throughout the state, including locations having a variety of |
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population sizes. The department shall also give consideration to |
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the degree to which local judges show support for the establishment |
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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 pilot program to |
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eligible defendants. |
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(e) The pilot program consists of 180 days of |
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employment-related services and support and must include: |
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(1) an initial period of 90 days during which the |
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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 use the cost savings to the |
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department as a result of the release of defendants on community |
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supervision under Article 42A.562, Code of Criminal Procedure, to |
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pay providers not less than $40 per day for each participant. |
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Sec. 507.008. IDENTIFICATION OF PILOT PROGRAM |
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PARTICIPANTS. (a) As soon as practicable after a defendant |
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required to submit to confinement under Article 42A.562(a)(1), Code |
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of Criminal Procedure, is received into the custody of a state jail |
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felony facility, the department shall assess the defendant with the |
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risk and needs assessment instrument adopted under Section 501.0921 |
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to assess the defendant's suitability for participation in the |
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pilot program established under Section 507.007. |
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(b) Not later than the 20th day before the date the |
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defendant will complete the term of confinement imposed under |
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Article 42A.562(a)(1), Code of Criminal Procedure, the department |
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shall: |
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(1) determine, based on the results of the assessment |
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conducted under Subsection (a), the defendant's conduct while |
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confined, and any other relevant information, whether the defendant |
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meets the eligibility criteria for participation in the pilot |
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program established under Section 507.007; and |
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(2) if the department determines that the defendant is |
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not eligible, notify the sentencing court of that fact. |
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SECTION 3. Not later than June 1, 2018, the Texas Department |
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of Criminal Justice shall establish the pilot program required by |
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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 June 1, 2018. A |
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defendant who receives a sentence of confinement in a state jail |
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before June 1, 2018, is governed by the law in effect immediately |
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before the effective date of this Act, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2017. |