Texas 2009 - 81st Regular

Texas Senate Bill SB1848 Compare Versions

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1	1	By: West S.B. No. 1848
2	2	(In the Senate - Filed March 11, 2009; March 20, 2009, read
3	3	first time and referred to Committee on Criminal Justice;
4	4	April 2, 2009, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 6, Nays 0, 1 present not
6	6	voting; April 2, 2009, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 1848 By: Whitmire
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the provision of reentry, reintegration, and other
13	13	services to a wrongfully imprisoned person who is discharged from a
14	14	correctional facility.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Subchapter C, Chapter 501, Government Code, is
17	17	amended by adding Section 501.091 to read as follows:
18	18	Sec. 501.091. REENTRY AND REINTEGRATION SERVICES FOR
19	19	WRONGFULLY IMPRISONED PERSONS. (a) In this section, "wrongfully
20	20	imprisoned person" means a person who:
21	21	(1) has served wholly or partly a sentence in a
22	22	facility operated by or under contract with the department; and
23	23	(2) has:
24	24	(A) received a pardon for innocence for the crime
25	25	for which the person was sentenced; or
26	26	(B) otherwise been granted relief on the basis of
27	27	actual innocence of the crime for which the person was sentenced.
28	28	(b) The department shall develop a comprehensive plan to
29	29	ensure the successful reentry and reintegration of wrongfully
30	30	imprisoned persons into the community following discharge from the
31	31	department. The reentry and reintegration plan developed under
32	32	this section must include:
33	33	(1) life-skills, job, and vocational training for a
34	34	wrongfully imprisoned person following discharge, for as long as
35	35	those services are beneficial to the person;
36	36	(2) a requirement that the department provide, before
37	37	a wrongfully imprisoned person is discharged from the department,
38	38	the person with any documents that are necessary after discharge,
39	39	including a state identification card; and
40	40	(3) the provision of financial assistance to aid a
41	41	wrongfully imprisoned person in the reentry and reintegration
42	42	process and in covering living expenses following discharge, in an
43	43	amount not to exceed $10,000.
44	44	(c) The amount of financial assistance provided to a
45	45	wrongfully imprisoned person under Subsection (b)(3) shall be
46	46	deducted from:
47	47	(1) the amount of compensation provided to the person
48	48	under Section 103.052, Civil Practice and Remedies Code; or
49	49	(2) any damages awarded to the person under Section
50	50	103.105 of that code.
51	51	(d) The department may contract with private vendors or
52	52	other entities to implement the comprehensive reentry and
53	53	reintegration plan required by this section.
54	54	SECTION 2. Chapter 614, Health and Safety Code, is amended
55	55	by adding Section 614.021 to read as follows:
56	56	Sec. 614.021. SERVICES FOR WRONGFULLY IMPRISONED PERSONS.
57	57	(a) In this section, "wrongfully imprisoned person" has the
58	58	meaning assigned by Section 501.091, Government Code.
59	59	(b) The office shall develop a plan for meeting the
60	60	long-term treatment and rehabilitative needs of wrongfully
61	61	imprisoned persons who are discharged from the Texas Department of
62	62	Criminal Justice. The plan must provide for:
63	63	(1) medical care and mental health services, including
64	64	related counseling services, to be provided to a wrongfully
65	65	imprisoned person at no cost to the person for the remainder of the
66	66	person's lifetime; and
67	67	(2) dental services to be provided to the person at no
68	68	cost to a wrongfully imprisoned person for two years following the
69	69	date of the person's discharge.
70	70	(c) The office shall distribute to state agencies,
71	71	political subdivisions, private organizations, and other qualified
72	72	persons money appropriated by the legislature to be used for the
73	73	development, operation, provision, and evaluation of medical,
74	74	mental health, dental, and counseling services for wrongfully
75	75	imprisoned persons under this section.
76	76	SECTION 3. (a) As soon as practicable after the effective
77	77	date of this Act, the Texas Department of Criminal Justice shall
78	78	develop a comprehensive plan for the reentry and reintegration of
79	79	wrongfully imprisoned persons as required by Section 501.091,
80	80	Government Code, as added by this Act.
81	81	(b) As soon as practicable after the effective date of this
82	82	Act, the Texas Correctional Office on Offenders with Medical or
83	83	Mental Impairments shall develop a plan for meeting the long-term
84	84	treatment and rehabilitative needs of wrongfully imprisoned
85	85	persons as required by Section 614.021, Health and Safety Code, as
86	86	added by this Act.
87	87	SECTION 4. This Act takes effect immediately if it receives
88	88	a vote of two-thirds of all the members elected to each house, as
89	89	provided by Section 39, Article III, Texas Constitution. If this
90	90	Act does not receive the vote necessary for immediate effect, this
91	91	Act takes effect September 1, 2009.
92	92	* * * * *