BILL ANALYSIS

C.S.H.B. 4251

By: Cook

Corrections

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The impending reinstatement of eligibility for federal Pell Grants to incarcerated people represents a significant opportunity for Texas to establish postsecondary education and workforce training programs for inmates of the Texas Department of Criminal Justice (TDCJ). Decades of research links higher education in prisons to substantially reduced recidivism, better‑paying employment opportunities upon release, and improved safety and stability within prisons. Maximizing these potential benefits will rely on the state's ability to remove barriers to student enrollment, select institutional partners who are equipped to operate high-quality programs, and then hold them accountable. Federal law establishes TDCJ as the entity that will approve and evaluate programs that receive Pell funding. However, state law is silent on the issue of postsecondary education within state prisons, leaving little guidance for TDCJ to ensure programs align with and contribute to the state's education, workforce and public safety goals. C.S.H.B. 4251 seeks to address this issue by establishing basic governance for postsecondary education or training programs within TDCJ. Specifically, the bill sets goals for the administration of such programs, establishes a formal application process for institutions of higher education seeking to establish Pell-funded programs, and outlines the data collection and sharing processes needed to rigorously evaluate program quality.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Texas Department of Criminal Justice and the Texas Board of Criminal Justice in SECTION 1 of this bill.

ANALYSIS

C.S.H.B. 4251 amends the Government Code to authorize the Texas Department of Criminal Justice (TDCJ) to contract with a postsecondary educational institution for the provision of postsecondary education or training programs, including eligible prison education programs as defined by applicable federal regulations, to inmates of correctional facilities. For purposes of the bill's provisions, "postsecondary education or training program" means any course or sequence of courses offered by a postsecondary educational institution designed to lead to a degree, certificate, or other credential. The bill also defines "correctional facility" as a facility operated by or under contract with TDCJ and "postsecondary educational institution" as a public, private, or independent institution of higher education.

C.S.H.B. 4251 establishes that it is the legislature's intent for TDCJ to do the following in the administration of the bill's provisions:

·         oversee postsecondary education or training programs for inmates of correctional facilities that:

o   lead to gainful employment for former inmates in alignment with the state's workforce needs;

o    reduce recidivism;

o   improve inmates' overall quality of life and well-being; and

o   encourage a culture of civility among inmates;

·         ensure access to a rich variety of postsecondary education or training programs for all correctional facility inmates, including female inmates and inmates incarcerated in geographically remote facilities;

·         work collaboratively with the Windham School District, other state agencies, postsecondary educational institutions, accrediting bodies, and interested stakeholders to promote the highest quality educational programming; and

·         maximize enrollment in postsecondary education or training programs to the extent possible.

C.S.H.B. 4251 requires TDCJ to require a postsecondary educational institution providing to inmates of a correctional facility a postsecondary education or training program designed to lead to a license or certificate issued by a state agency to inform each person, before enrollment, of any state agency rule or policy that would impose a restriction or prohibition on the person in obtaining the certificate or license and the procedures for the following actions:

·         requesting a criminal history evaluation letter;

·         providing evidence of fitness to perform the duties and discharge the responsibilities of a licensed occupation; and

·         appealing a state agency's denial of a certificate or license, including deadlines and due process requirements, to the State Office of Administrative Hearings and through any other available venue.

C.S.H.B. 4251 authorizes TDCJ to establish by rule criteria that disqualifies a correctional facility inmate from enrolling in a postsecondary education or training program offered under the bill's provisions. The bill prohibits TDCJ from denying a correctional facility inmate the opportunity to enroll in a postsecondary education or training program offered under the bill's provisions solely on the basis of the offense for which the inmate was convicted, the length of the inmate's sentence, or the remaining time until the inmate's expected release.

C.S.H.B. 4251 authorizes TDCJ, out of money appropriated to TDCJ for postsecondary education or training programs for correctional facility inmates, to pay the cost of tuition and fees for enrollment in not more than two courses per academic term for a correctional facility inmate who has demonstrated a record of rehabilitation while incarcerated and the aptitude and capabilities to successfully complete college-level coursework. The bill requires a correctional facility inmate for whom TDCJ pays the cost of tuition and fees to reimburse TDCJ for those costs as a condition of parole, beginning not less than six months after the inmate's release, but prohibits TDCJ from charging interest for the repayment. The bill establishes as an affirmative defense to revocation of parole or mandatory supervision in a revocation hearing at which it is alleged only that the releasee failed to make the required reimbursement payment that the releasee is unable to pay the amount required by TDCJ. The releasee must prove the affirmative defense by the releasee by a preponderance of the evidence.

C.S.H.B. 4251 requires TDCJ to establish by rule a formal procedure for a postsecondary educational institution to apply to provide a prison education program to inmates of a correctional facility under the bill's provisions. The bill requires TDCJ, in determining whether to approve such an application, to consider the following factors:

·         the potential for graduates of the proposed program to compete for current and emerging jobs or to continue postsecondary education on release;

·         whether the institution has a successful history of offering programs to inmates of correctional facilities;

·         whether the proposed program would be offered at a correctional facility that currently has no or limited postsecondary education or training opportunities;

·         whether the proposed program would provide postsecondary education or training opportunities to a student population that currently cannot access similar opportunities, including by transfer to a different facility;

·         the amount and type of student support services, including reentry supports, the institution proposes to offer under the program; and

·         any other criteria TDCJ considers necessary.

The bill requires TDCJ, to the extent practicable, to provide feedback on request to an institution whose application is rejected.

C.S.H.B. 4251 requires TDCJ to establish a data-sharing agreement with each postsecondary educational institution with whom TDCJ contracts to offer a program to inmates of a correctional facility under the bill's provisions. The agreement must ensure that the institution complies with applicable federal or state law or regulations. The bill authorizes TDCJ to enter into a memorandum of understanding with the Windham School District, the Department of Public Safety, the Texas Workforce Commission, the Texas Education Agency, the Texas Higher Education Coordinating Board (THECB), and any relevant state licensing agency to obtain and share data to accomplish the following:

·         evaluate the effectiveness of postsecondary education or training programs offered under the bill's provisions to inmates of correctional facilities; and

·         perform any evaluations of prison education programs as required by federal law or regulations.

The bill makes data used to evaluate the effectiveness of postsecondary education or training programs offered under the bill's provisions to inmates of correctional facilities, other than personally identifying information of students, public information for purposes of state public information law. The bill authorizes TDCJ to solicit and accept gifts, grants, and donations from any public or private source for the purpose of administering the bill's provisions relating to postsecondary education in TDCJ.

C.S.H.B. 4251 requires TDCJ to annually develop and publish a list of the postsecondary education or training programs offered under the bill's provisions to inmates of correctional facilities, including the following information for each program:

·         the correctional facility in which the program is offered;

·         the postsecondary educational institution that offers the program;

·         whether the program is a prison education program; and

·         the number of inmates enrolled in the program for that year, disaggregated by race, ethnicity, and gender.

C.S.H.B. 4251 authorizes the Texas Board of Criminal Justice to adopt rules as necessary to administer the bill's provisions relating to postsecondary education in TDCJ.

C.S.H.B. 4251 requires the THECB, not later than June 1, 2024, and in collaboration with TDCJ and any other necessary entity, to identify and implement a means of doing the following for the purpose of measuring academic effectiveness and other relevant characteristics of postsecondary education or training programs offered under the bill's provisions:

·         identifying in the THECB's aggregated datasets correctional facility inmates enrolled in postsecondary education or training programs; and

·         separating the THECB's data for correctional facility inmates enrolled in postsecondary education or training programs under the bill's provisions from the THECB's data for inmates enrolled in other postsecondary education or training programs.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 4251 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute changes the entities with which TDCJ may contract to provide postsecondary education or training programs from public and nonprofit institutions of higher education, as in the introduced, to postsecondary educational institutions, defined by the substitute as public, private, or independent institutions of higher education.

Whereas the introduced required TDCJ to establish a formal application and approval process for institutions seeking to establish a prison education program in TDCJ facilities, the substitute requires TDCJ to establish a formal procedure for a postsecondary educational institution to apply to provide a prison education program to inmates in a correctional facility operated by or under contract with TDCJ and specifies that this procedure is established by rule.

Both versions authorize TDCJ to establish criteria that disqualifies an inmate from enrolling in a postsecondary education or training program, but the substitute clarifies that this authorization applies to a program offered under the bill's provisions.

Whereas the introduced required TDCJ, in its annual report, to produce a list of postsecondary education and training programs active in TDCJ facilities, the substitute requires TDCJ to annually develop and publish a list of the postsecondary education or training programs offered to inmates under the bill's provisions. With respect to the information required to be included for each program on the list, the substitute replaces the requirement to include the total unduplicated enrollment of the program for the year, as in the introduced, with the requirement to include the number of inmates enrolled in the program for the year.

The introduced required the THECB, in collaboration with TDCJ and any other necessary entity, to identify and implement a means of identifying and separating incarcerated students from aggregated datasets within the THECB's purview. The substitute makes certain clarifying changes to that requirement, including specifying that the separation is of data for correctional facility inmates enrolled in postsecondary education or training programs offered under the bill's provisions from the data for inmates enrolled in other postsecondary education or training programs. The introduced included a provision that set the requirement to expire on December 31, 2024, whereas the substitute does not include this provision.