82R23707 E
By: Madden, Cain H.B. No. 3386
Substitute the following for H.B. No. 3386:
By: Madden C.S.H.B. No. 3386
A BILL TO BE ENTITLED
AN ACT
relating to the supervision of certain people convicted of a
criminal offense and to the organization and operation of certain
correctional entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42.12, Code of Criminal Procedure, is
amended by adding Section 23A to read as follows:
Sec. 23A. ALTERNATIVE REVOCATION PROCEDURE. (a) This
section applies only to a defendant who:
(1) is convicted of a felony other than:
(A) a state jail felony; or
(B) a felony listed in Section 22(a)(4); and
(2) at a hearing under Section 21 is determined by the
judge to:
(A) have violated a condition of community
supervision other than the commission of an offense punishable by
confinement; and
(B) not be a proper candidate for continuation or
modification of community supervision under Section 22.
(b) If the community supervision of a defendant to whom this
section applies is revoked after a hearing under Section 21, the
judge shall, as an alternative to the procedure provided by Section
23, dispose of the case as if there had been no community
supervision and sentence the defendant to the custody of the Texas
Department of Criminal Justice for the term of imprisonment
originally assessed, except that the jurisdiction of the court
continues for 365 days after the date the execution of the sentence
actually begins.
(c) Not later than the 300th day after the date on which the
defendant is received into the custody of the Texas Department of
Criminal Justice, the department shall send the convicting court
the record of the defendant's conduct and conformity to department
rules, including a specific statement as to whether or not the
defendant has committed a major disciplinary violation or an
offense while imprisoned.
(d) On receipt of the report from the Texas Department of
Criminal Justice, but not earlier than the 330th day or later than
the 365th day after the date on which the defendant is received into
the custody of the Texas Department of Criminal Justice, if in the
opinion of the judge the defendant would not benefit from further
imprisonment, the judge of the convicting court shall suspend
further execution of the sentence imposed and place the defendant
on community supervision under the terms and conditions of this
article unless the record provided under Subsection (c) indicates
that the defendant has committed a major disciplinary violation or
an offense.
SECTION 2. Section 76.002, Government Code, is amended by
adding Subsection (f) to read as follows:
(f) The district and statutory county court judges
described by Subsection (a) may establish committees from among
their membership to further the efficient operation of the
department established by the judges.
SECTION 3. Section 76.011(a), Government Code, is amended
to read as follows:
(a) The department may operate, or assist in the operation
of, programs for the supervision and rehabilitation of persons in
pretrial intervention programs, including diversion programs and
other specialized court programs for persons charged with felonies.
Programs may include testing for controlled substances. A person
in a pretrial intervention program may be supervised for a period
not to exceed two years.
SECTION 4. Chapter 493, Government Code, is amended by
adding Section 493.030 to read as follows:
Sec. 493.030. JOINT STUDY CONCERNING INTERAGENCY
COMMUNICATION. (a) The department and the Board of Pardons and
Paroles shall conduct a joint study concerning the effectiveness of
communications between the department and the board concerning
inmates who are confined in the department or are under the
supervision of the department following release on parole or to
mandatory supervision. The study must evaluate whether
transferring any duties between the department and the board, or
reorganizing any aspect of the department or the board, could
achieve any cost savings or organizational efficiencies.
(b) The department and the Board of Pardons and Paroles
shall, not later than December 1, 2012, submit the results of the
study conducted under Subsection (a) to the governor, the
lieutenant governor, the speaker of the house of representatives,
the Sunset Advisory Commission, and the standing committees in the
house of representatives and the senate that have primary
jurisdiction over the department.
(c) This section expires January 1, 2013.
SECTION 5. Section 495.027(d), Government Code, is amended
to read as follows:
(d) Subject to board approval, the department shall adopt
policies governing the use of the pay telephone service by an inmate
confined in a facility operated by the department, including a
policy governing the eligibility of an inmate to use the service.
The policies adopted under this subsection may not unduly restrict
calling patterns or volume and must allow for an average monthly
call usage rate of not less than 480 minutes per month [eight calls,
with each call having an average duration of not less than 10
minutes,] per eligible inmate.
SECTION 6. Subchapter B, Chapter 495, Government Code, is
amended by adding Section 495.029 to read as follows:
Sec. 495.029. INMATE PACKAGE PROGRAM. (a) The department
shall establish an inmate package program through which family
members and friends of inmates may purchase and ship gifts to
inmates through authorized vendors. The inmate package program
must be established and operated at no cost to the department.
(b) A vendor may participate in the inmate package program
if the vendor:
(1) demonstrates to the satisfaction of the department
that the vendor is able to:
(A) ensure the security of packages shipped
through the program; and
(B) provide proof that the vendor's employees
have been subjected to criminal history background checks
sufficient to exclude from employment with the vendor individuals
who might pose a security risk to the department or to inmates; and
(2) enters into a contract described by Subsection (c)
with the department.
(c) The department, by contract, shall require each vendor
that participates in the inmate package program to remit to the
department a percentage of the vendor's profits resulting from the
vendor's participation in the inmate package program. Money
received from a vendor by the department under this subsection
shall be deposited to the credit of the general revenue fund.
(d) The department by policy shall establish the percentage
of a vendor's profits the vendor must agree to remit to the
department under a contract described by Subsection (c).
SECTION 7. Subchapter C, Chapter 499, Government Code, is
amended by adding Section 499.055 to read as follows:
Sec. 499.055. POPULATION MANAGEMENT BASED ON INMATE HEALTH.
The department shall adopt policies designed to manage inmate
population based on similar health conditions suffered by inmates.
The policies adopted under this section must maximize
organizational efficiencies and reduce health care costs to the
department by housing inmates with similar health conditions in the
same unit or units that are, if possible, served by or located near
one or more specialty health care providers most likely to be needed
for the treatment of the health condition.
SECTION 8. Subchapter A, Chapter 501, Government Code, is
amended by adding Section 501.0052 to read as follows:
Sec. 501.0052. ADULT EDUCATION PROGRAM. (a) The
department may establish an adult education program to provide
inmates with adult basic education, high school equivalency
programs, cognitive skills training, and technical and vocational
training necessary to:
(1) increase the success of inmates in obtaining and
maintaining employment after release or discharge; and
(2) reduce recidivism among inmates.
(b) The department shall:
(1) coordinate any adult education program
established under this section with the literacy program
established under Section 501.005 to maximize the effectiveness of,
and to reduce the duplication of the services provided by, both
programs; and
(2) maximize the use of virtual and online educational
resources in any adult education program established under this
section.
SECTION 9. Section 501.063, Government Code, is amended to
read as follows:
Sec. 501.063. ANNUAL INMATE FEE [COPAYMENTS] FOR [CERTAIN]
HEALTH CARE [VISITS]. (a) An inmate confined in a facility
operated by or under contract with the department, other than a
halfway house, [who initiates a visit to a health care provider]
shall pay an annual health care services fee [make a copayment] to
the department in the amount of $100 [$3]. The inmate shall pay
[make] the annual fee [copayment] out of the inmate's trust fund.
If the balance in the fund is insufficient to cover the fee
[copayment], 50 percent of each deposit to the fund shall be applied
toward the balance owed until the total amount owed is paid.
(b) [The department may not charge a copayment for health
care:
[(1) provided in response to a life-threatening or
emergency situation affecting the inmate's health;
[(2) initiated by the department;
[(3) initiated by the health care provider or
consisting of routine follow-up, prenatal, or chronic care; or
[(4) provided under a contractual obligation that is
established under the Interstate Corrections Compact or under an
agreement with another state that precludes assessing a copayment.
[(c)] The department shall adopt policies to ensure that
before any deductions are made from an inmate's trust fund under
this section [an inmate initiates a visit to a health care
provider], the inmate is informed that the annual health care
services fee [a $3 copayment] will be deducted from the inmate's
trust fund as required by Subsection (a).
(c) [(d)] The department may not deny an inmate access to
health care as a result of the inmate's failure or inability to pay
a fee under this section [make a copayment].
(d) [(e)] The department shall deposit money received under
this section in an account in the general revenue fund that may be
used only to pay the cost of administering this section. At the
beginning of each fiscal year, the comptroller shall transfer any
surplus from the preceding fiscal year to the state treasury to the
credit of the general revenue fund.
SECTION 10. Subchapter B, Chapter 501, Government Code, is
amended by adding Section 501.067 to read as follows:
Sec. 501.067. AVAILABILITY OF CERTAIN MEDICATION. (a) In
this section, "over-the-counter medication" means medication that
may legally be sold and purchased without a prescription.
(b) The department shall make over-the-counter medication
available for purchase by inmates in each inmate commissary
operated by or under contract with the department.
(c) The department may not deny an inmate access to
over-the-counter medications as a result of the inmate's inability
to pay for the medication. The department shall pay for the cost of
over-the-counter medication for inmates who are unable to pay for
the medication out of the profits of inmate commissaries operated
by or under contract with the department.
(d) The department may adopt policies concerning the sale
and purchase of over-the-counter medication under this section as
necessary to ensure the safety and security of inmates in the
custody of, and employees of, the department, including policies
concerning the quantities and types of over-the-counter medication
that may be sold and purchased under this section.
SECTION 11. Subchapter B, Chapter 508, Government Code, is
amended by adding Section 508.0442 to read as follows:
Sec. 508.0442. PRIORITY CONSIDERATION OF CERTAIN INMATES
FOR RELEASE; TRANSFER OF CUSTODY. (a) This section applies only to
an inmate:
(1) who is eligible for release on parole;
(2) who has been identified by the department under
Section 493.015 as an illegal criminal alien;
(3) who has not been identified by the department as a
member of a security threat group; and
(4) who is not serving a sentence for an offense:
(A) described by Section 3g(a)(1), Article
42.12, Code of Criminal Procedure, or for which the judgment
contains an affirmative finding under Section 3g(a)(2) of that
article; or
(B) described by Article 62.001(5), Code of
Criminal Procedure.
(b) The board shall establish a procedure to prioritize the
consideration by parole panels of inmates described by Subsection
(a) for release on parole. The board shall also establish
procedures to:
(1) ensure that a parole panel considers for release
on parole an inmate described by Subsection (a) as soon as is
practicable after the first date on which the inmate is eligible for
parole; and
(2) determine whether a final order of deportation has
been entered with reference to an inmate described by Subsection
(a) or will be entered before the first date on which the inmate is
eligible for release on parole.
(c) If it is determined that a final order of deportation
has not been entered with reference to an inmate described by
Subsection (a), and will not be entered before the first date on
which the inmate is eligible for release on parole, the board shall
notify the department of that determination. On receipt of notice
under this subsection, the department shall immediately request
from United States Immigration and Customs Enforcement that, with
reference to the inmate, a final order of deportation be entered in
an expedited manner.
(d) If a parole panel votes to release on parole an inmate
described by Subsection (a), the department shall, as soon as is
practicable, deliver the inmate to the custody of United States
Immigration and Customs Enforcement for immediate deportation.
SECTION 12. Section 508.283, Government Code, is amended by
adding Subsection (f) to read as follows:
(f) The department shall adopt a policy that requires parole
panels to consider all non-incarceration sanctions before revoking
a person's release on parole or to mandatory supervision.
SECTION 13. Section 509.007, Government Code, is amended to
read as follows:
Sec. 509.007. COMMUNITY JUSTICE PLAN. (a) The division
shall require as a condition to payment of state aid to a department
or county under Section 509.011 and eligibility for payment of
costs under Section 499.124 that a community justice plan be
submitted for the department. The community justice council shall
submit the plan required by this subsection. A community justice
council may not submit a plan under this section unless the plan is
first approved by the judges described by Section 76.002 who
established the department served by the council. The council
shall submit a revised plan to the division each even-numbered
[odd-numbered] year by a date designated by the division. A plan
may be amended at any time with the approval of the division.
(b) A community justice plan required under this section
must include:
(1) a statement of goals and priorities and of
commitment by the community justice council, the judges described
by Section 76.002 who established the department, and the
department director to achieve a targeted level of alternative
sanctions;
(2) a description of methods for measuring the success
of programs provided by the department or provided by an entity
served by the department; [and]
(3) a proposal for the use of state jail felony
facilities and, at the discretion of the community justice council,
a regional proposal for the construction, operation, maintenance,
or management of a state jail felony facility by a county, a
community supervision and corrections department, or a private
vendor under a contract with a county or a community supervision and
corrections department; and
(4) a description of additional alternative sanctions
the department could use to more fully rehabilitate persons under
the supervision of the department, were the department to receive
additional state aid under Section 509.011.
SECTION 14. (a) The Texas Department of Criminal Justice
shall issue a request for information to potential contractors and
vendors to determine whether contracting for the transportation of
inmates is more cost-effective than the department transporting
inmates.
(b) The Texas Department of Criminal Justice, the Board of
Pardons and Paroles, Texas Tech University Health Sciences Center,
and The University of Texas Medical Branch at Galveston shall
jointly develop a plan under which an inmate in the custody of the
department who requires specific medical care that is significantly
more expensive than the care provided, on average, to other inmates
is temporarily released under supervision for a time sufficient to
enable the inmate to receive the necessary care in a setting other
than the correctional managed health care system operated under
Subchapter E, Chapter 501, Government Code. The plan established
under this subsection must seek to maximize coverage of the
necessary medical care under any health benefit plan coverage
available to the inmate, including coverage under Medicaid,
Medicare, or a private health benefit plan.
(c) If after developing the plan required under Subsection
(b) of this section, the Texas Department of Criminal Justice and
the Board of Pardons and Paroles determine that the program may be
implemented without requiring any statutory changes, the
department and board shall implement the program.
(d) Regardless of whether contracts are entered into
concerning the transportation of inmates or whether a medical
release plan is implemented under Subsection (c) of this section,
not later than January 1, 2013, the Texas Department of Criminal
Justice shall submit a report to the governor, the lieutenant
governor, the speaker of the house of representatives, and each
standing committee of the senate and the house of representatives
with primary jurisdiction over the Texas Department of Criminal
Justice concerning the results of the request for information
issued under Subsection (a) of this section and the contents of the
medical release plan developed under Subsection (b) of this
section.
SECTION 15. (a) The Texas Department of Criminal Justice
shall conduct a study to determine the most efficient and
cost-effective manner possible in which to operate state jail
felony facilities.
(b) Not later than January 1, 2012, the Texas Department of
Criminal Justice shall submit a report to the governor, the
lieutenant governor, the speaker of the house of representatives,
each standing committee of the senate and the house of
representatives with primary jurisdiction over the Texas
Department of Criminal Justice, and the Legislative Budget Board
concerning the results of the study conducted under Subsection (a)
of this section.
SECTION 16. Section 23A, Article 42.12, Code of Criminal
Procedure, as added by this Act, applies only to a person who is
initially placed on community supervision on or after the effective
date of this Act.
SECTION 17. (a) Except as provided by Subsection (b) of
this section, the Texas Department of Criminal Justice shall ensure
that the inmate package program required under Section 495.029,
Government Code, as added by this Act, is fully operational not
later than September 1, 2011.
(b) The Texas Department of Criminal Justice shall delay the
implementation of the inmate package program until and unless the
department determines that the program may be established and
operated at no cost to the department.
SECTION 18. Section 508.0442, Government Code, as added by
this Act, is contingent on the passage of H.B. No. 2734 or
substantially similar legislation by the 82nd Legislature, Regular
Session, 2011. If H.B. No. 2734 or substantially similar
legislation by the 82nd Legislature, Regular Session, 2011, does
not become law, Section 508.0442, Government Code, as added by this
Act, has no effect.
SECTION 19. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2011.