81R4231 PEP-D
By: Turner of Harris H.B. No. 3123
A BILL TO BE ENTITLED
AN ACT
relating to the provision of case management services to inmates
with certain illnesses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 501.054(b), (e), and (f), Government
Code, are amended to read as follows:
(b) The department, in consultation with the [Texas]
Department of State Health Services, shall establish education
programs to educate inmates and employees of the department about
AIDS and HIV. In establishing the programs for inmates, the
department shall design a program that deals with issues related to
AIDS and HIV that are relevant to inmates while confined and a
program that deals with issues related to AIDS and HIV that will be
relevant to inmates after the inmates are released. The department
shall coordinate the program that deals with issues that will be
relevant to inmates after release with the case management services
provided under Section 501.0541. The department shall design the
programs to take into account relevant cultural and other
differences among inmates. The department shall require each
inmate in a facility operated by the department, including inmates
with AIDS or HIV, to participate in education programs established
under this subsection.
(e) The department, in consultation with the [Texas]
Department of State Health Services, shall periodically revise
education programs established under this section so that the
programs reflect the latest medical information available on AIDS
and HIV.
(f) The department shall adopt a policy for handling persons
with AIDS or HIV infection who are in the custody of the department
or under the department's supervision. The policy must be
substantially similar to a model policy developed by the [Texas]
Department of State Health Services under Subchapter G, Chapter 85,
Health and Safety Code.
SECTION 2. Subchapter B, Chapter 501, Government Code, is
amended by adding Section 501.0541 to read as follows:
Sec. 501.0541. CASE MANAGEMENT SERVICES FOR INMATES WITH
CERTAIN ILLNESSES. (a) In this section, "case management
services" include:
(1) counseling regarding the availability in the
geographic area in which an inmate with AIDS or HIV, hepatitis C, or
tuberculosis intends to reside, after release or discharge from the
department, of any appropriate:
(A) health care services, including medical
and dental care services, respiratory and physical therapy
services, and mobile emergency medical services;
(B) housing, employment, and job placement
assistance; and
(C) advocacy and support groups;
(2) information on measures that an individual
can take to prevent the transmission of AIDS or HIV, hepatitis C, or
tuberculosis; and
(3) other services the department determines are
necessary for an inmate with AIDS or HIV, hepatitis C, or
tuberculosis to have in order to reenter the community
successfully.
(b) The department shall:
(1) identify inmates with AIDS or HIV, hepatitis C, or
tuberculosis who are within 90 days of any applicable release or
discharge date, including a presumptive parole date, date of
release to mandatory supervision, or date of discharge;
(2) ensure that each inmate identified by the
department under Subdivision (1) receives appropriate case
management services before the inmate is released or discharged
from the department;
(3) if applicable, notify the parole officer
supervising an inmate identified by the department under
Subdivision (1) of the inmate's continuing need for case management
services;
(4) coordinate the services provided to an inmate
under this section with the services provided under Section 89.102
or 614.015, Health and Safety Code; and
(5) protect the confidentiality of the inmates
identified by the department under Subdivision (1).
SECTION 3. Subchapter D, Chapter 508, Government Code, is
amended by adding Section 508.120 to read as follows:
Sec. 508.120. CONTINUATION OF CERTAIN CASE MANAGEMENT
SERVICES. A parole officer who is notified by the department under
Section 501.0541 that an inmate supervised by the officer has a
continuing need for appropriate case management services shall
ensure that those services are provided to the inmate during the
period of supervision.
SECTION 4. The Texas Department of Criminal Justice shall
establish and begin implementation of the policies and procedures
required by Section 501.0541, Government Code, as added by this
Act, not later than March 1, 2010.
SECTION 5. This Act takes effect September 1, 2009.