Texas 2009 - 81st Regular

Texas House Bill HB3123 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R4231 PEP-D
2	2	By: Turner of Harris H.B. No. 3123
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the provision of case management services to inmates
8	8	with certain illnesses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 501.054(b), (e), and (f), Government
11	11	Code, are amended to read as follows:
12	12	(b) The department, in consultation with the [Texas]
13	13	Department of State Health Services, shall establish education
14	14	programs to educate inmates and employees of the department about
15	15	AIDS and HIV. In establishing the programs for inmates, the
16	16	department shall design a program that deals with issues related to
17	17	AIDS and HIV that are relevant to inmates while confined and a
18	18	program that deals with issues related to AIDS and HIV that will be
19	19	relevant to inmates after the inmates are released. The department
20	20	shall coordinate the program that deals with issues that will be
21	21	relevant to inmates after release with the case management services
22	22	provided under Section 501.0541. The department shall design the
23	23	programs to take into account relevant cultural and other
24	24	differences among inmates. The department shall require each
25	25	inmate in a facility operated by the department, including inmates
26	26	with AIDS or HIV, to participate in education programs established
27	27	under this subsection.
28	28	(e) The department, in consultation with the [Texas]
29	29	Department of State Health Services, shall periodically revise
30	30	education programs established under this section so that the
31	31	programs reflect the latest medical information available on AIDS
32	32	and HIV.
33	33	(f) The department shall adopt a policy for handling persons
34	34	with AIDS or HIV infection who are in the custody of the department
35	35	or under the department's supervision. The policy must be
36	36	substantially similar to a model policy developed by the [Texas]
37	37	Department of State Health Services under Subchapter G, Chapter 85,
38	38	Health and Safety Code.
39	39	SECTION 2. Subchapter B, Chapter 501, Government Code, is
40	40	amended by adding Section 501.0541 to read as follows:
41	41	Sec. 501.0541. CASE MANAGEMENT SERVICES FOR INMATES WITH
42	42	CERTAIN ILLNESSES. (a) In this section, "case management
43	43	services" include:
44	44	(1) counseling regarding the availability in the
45	45	geographic area in which an inmate with AIDS or HIV, hepatitis C, or
46	46	tuberculosis intends to reside, after release or discharge from the
47	47	department, of any appropriate:
48	48	(A) health care services, including medical
49	49	and dental care services, respiratory and physical therapy
50	50	services, and mobile emergency medical services;
51	51	(B) housing, employment, and job placement
52	52	assistance; and
53	53	(C) advocacy and support groups;
54	54	(2) information on measures that an individual
55	55	can take to prevent the transmission of AIDS or HIV, hepatitis C, or
56	56	tuberculosis; and
57	57	(3) other services the department determines are
58	58	necessary for an inmate with AIDS or HIV, hepatitis C, or
59	59	tuberculosis to have in order to reenter the community
60	60	successfully.
61	61	(b) The department shall:
62	62	(1) identify inmates with AIDS or HIV, hepatitis C, or
63	63	tuberculosis who are within 90 days of any applicable release or
64	64	discharge date, including a presumptive parole date, date of
65	65	release to mandatory supervision, or date of discharge;
66	66	(2) ensure that each inmate identified by the
67	67	department under Subdivision (1) receives appropriate case
68	68	management services before the inmate is released or discharged
69	69	from the department;
70	70	(3) if applicable, notify the parole officer
71	71	supervising an inmate identified by the department under
72	72	Subdivision (1) of the inmate's continuing need for case management
73	73	services;
74	74	(4) coordinate the services provided to an inmate
75	75	under this section with the services provided under Section 89.102
76	76	or 614.015, Health and Safety Code; and
77	77	(5) protect the confidentiality of the inmates
78	78	identified by the department under Subdivision (1).
79	79	SECTION 3. Subchapter D, Chapter 508, Government Code, is
80	80	amended by adding Section 508.120 to read as follows:
81	81	Sec. 508.120. CONTINUATION OF CERTAIN CASE MANAGEMENT
82	82	SERVICES. A parole officer who is notified by the department under
83	83	Section 501.0541 that an inmate supervised by the officer has a
84	84	continuing need for appropriate case management services shall
85	85	ensure that those services are provided to the inmate during the
86	86	period of supervision.
87	87	SECTION 4. The Texas Department of Criminal Justice shall
88	88	establish and begin implementation of the policies and procedures
89	89	required by Section 501.0541, Government Code, as added by this
90	90	Act, not later than March 1, 2010.
91	91	SECTION 5. This Act takes effect September 1, 2009.