Texas 2011 - 82nd Regular

Texas House Bill HB3386 Compare Versions

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1	1	82R23707 E
2	2	By: Madden, Cain H.B. No. 3386
3	3	Substitute the following for H.B. No. 3386:
4	4	By: Madden C.S.H.B. No. 3386
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the supervision of certain people convicted of a
10	10	criminal offense and to the organization and operation of certain
11	11	correctional entities.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Article 42.12, Code of Criminal Procedure, is
14	14	amended by adding Section 23A to read as follows:
15	15	Sec. 23A. ALTERNATIVE REVOCATION PROCEDURE. (a) This
16	16	section applies only to a defendant who:
17	17	(1) is convicted of a felony other than:
18	18	(A) a state jail felony; or
19	19	(B) a felony listed in Section 22(a)(4); and
20	20	(2) at a hearing under Section 21 is determined by the
21	21	judge to:
22	22	(A) have violated a condition of community
23	23	supervision other than the commission of an offense punishable by
24	24	confinement; and
25	25	(B) not be a proper candidate for continuation or
26	26	modification of community supervision under Section 22.
27	27	(b) If the community supervision of a defendant to whom this
28	28	section applies is revoked after a hearing under Section 21, the
29	29	judge shall, as an alternative to the procedure provided by Section
30	30	23, dispose of the case as if there had been no community
31	31	supervision and sentence the defendant to the custody of the Texas
32	32	Department of Criminal Justice for the term of imprisonment
33	33	originally assessed, except that the jurisdiction of the court
34	34	continues for 365 days after the date the execution of the sentence
35	35	actually begins.
36	36	(c) Not later than the 300th day after the date on which the
37	37	defendant is received into the custody of the Texas Department of
38	38	Criminal Justice, the department shall send the convicting court
39	39	the record of the defendant's conduct and conformity to department
40	40	rules, including a specific statement as to whether or not the
41	41	defendant has committed a major disciplinary violation or an
42	42	offense while imprisoned.
43	43	(d) On receipt of the report from the Texas Department of
44	44	Criminal Justice, but not earlier than the 330th day or later than
45	45	the 365th day after the date on which the defendant is received into
46	46	the custody of the Texas Department of Criminal Justice, if in the
47	47	opinion of the judge the defendant would not benefit from further
48	48	imprisonment, the judge of the convicting court shall suspend
49	49	further execution of the sentence imposed and place the defendant
50	50	on community supervision under the terms and conditions of this
51	51	article unless the record provided under Subsection (c) indicates
52	52	that the defendant has committed a major disciplinary violation or
53	53	an offense.
54	54	SECTION 2. Section 76.002, Government Code, is amended by
55	55	adding Subsection (f) to read as follows:
56	56	(f) The district and statutory county court judges
57	57	described by Subsection (a) may establish committees from among
58	58	their membership to further the efficient operation of the
59	59	department established by the judges.
60	60	SECTION 3. Section 76.011(a), Government Code, is amended
61	61	to read as follows:
62	62	(a) The department may operate, or assist in the operation
63	63	of, programs for the supervision and rehabilitation of persons in
64	64	pretrial intervention programs, including diversion programs and
65	65	other specialized court programs for persons charged with felonies.
66	66	Programs may include testing for controlled substances. A person
67	67	in a pretrial intervention program may be supervised for a period
68	68	not to exceed two years.
69	69	SECTION 4. Chapter 493, Government Code, is amended by
70	70	adding Section 493.030 to read as follows:
71	71	Sec. 493.030. JOINT STUDY CONCERNING INTERAGENCY
72	72	COMMUNICATION. (a) The department and the Board of Pardons and
73	73	Paroles shall conduct a joint study concerning the effectiveness of
74	74	communications between the department and the board concerning
75	75	inmates who are confined in the department or are under the
76	76	supervision of the department following release on parole or to
77	77	mandatory supervision. The study must evaluate whether
78	78	transferring any duties between the department and the board, or
79	79	reorganizing any aspect of the department or the board, could
80	80	achieve any cost savings or organizational efficiencies.
81	81	(b) The department and the Board of Pardons and Paroles
82	82	shall, not later than December 1, 2012, submit the results of the
83	83	study conducted under Subsection (a) to the governor, the
84	84	lieutenant governor, the speaker of the house of representatives,
85	85	the Sunset Advisory Commission, and the standing committees in the
86	86	house of representatives and the senate that have primary
87	87	jurisdiction over the department.
88	88	(c) This section expires January 1, 2013.
89	89	SECTION 5. Section 495.027(d), Government Code, is amended
90	90	to read as follows:
91	91	(d) Subject to board approval, the department shall adopt
92	92	policies governing the use of the pay telephone service by an inmate
93	93	confined in a facility operated by the department, including a
94	94	policy governing the eligibility of an inmate to use the service.
95	95	The policies adopted under this subsection may not unduly restrict
96	96	calling patterns or volume and must allow for an average monthly
97	97	call usage rate of not less than 480 minutes per month [eight calls,
98	98	with each call having an average duration of not less than 10
99	99	minutes,] per eligible inmate.
100	100	SECTION 6. Subchapter B, Chapter 495, Government Code, is
101	101	amended by adding Section 495.029 to read as follows:
102	102	Sec. 495.029. INMATE PACKAGE PROGRAM. (a) The department
103	103	shall establish an inmate package program through which family
104	104	members and friends of inmates may purchase and ship gifts to
105	105	inmates through authorized vendors. The inmate package program
106	106	must be established and operated at no cost to the department.
107	107	(b) A vendor may participate in the inmate package program
108	108	if the vendor:
109	109	(1) demonstrates to the satisfaction of the department
110	110	that the vendor is able to:
111	111	(A) ensure the security of packages shipped
112	112	through the program; and
113	113	(B) provide proof that the vendor's employees
114	114	have been subjected to criminal history background checks
115	115	sufficient to exclude from employment with the vendor individuals
116	116	who might pose a security risk to the department or to inmates; and
117	117	(2) enters into a contract described by Subsection (c)
118	118	with the department.
119	119	(c) The department, by contract, shall require each vendor
120	120	that participates in the inmate package program to remit to the
121	121	department a percentage of the vendor's profits resulting from the
122	122	vendor's participation in the inmate package program. Money
123	123	received from a vendor by the department under this subsection
124	124	shall be deposited to the credit of the general revenue fund.
125	125	(d) The department by policy shall establish the percentage
126	126	of a vendor's profits the vendor must agree to remit to the
127	127	department under a contract described by Subsection (c).
128	128	SECTION 7. Subchapter C, Chapter 499, Government Code, is
129	129	amended by adding Section 499.055 to read as follows:
130	130	Sec. 499.055. POPULATION MANAGEMENT BASED ON INMATE HEALTH.
131	131	The department shall adopt policies designed to manage inmate
132	132	population based on similar health conditions suffered by inmates.
133	133	The policies adopted under this section must maximize
134	134	organizational efficiencies and reduce health care costs to the
135	135	department by housing inmates with similar health conditions in the
136	136	same unit or units that are, if possible, served by or located near
137	137	one or more specialty health care providers most likely to be needed
138	138	for the treatment of the health condition.
139	139	SECTION 8. Subchapter A, Chapter 501, Government Code, is
140	140	amended by adding Section 501.0052 to read as follows:
141	141	Sec. 501.0052. ADULT EDUCATION PROGRAM. (a) The
142	142	department may establish an adult education program to provide
143	143	inmates with adult basic education, high school equivalency
144	144	programs, cognitive skills training, and technical and vocational
145	145	training necessary to:
146	146	(1) increase the success of inmates in obtaining and
147	147	maintaining employment after release or discharge; and
148	148	(2) reduce recidivism among inmates.
149	149	(b) The department shall:
150	150	(1) coordinate any adult education program
151	151	established under this section with the literacy program
152	152	established under Section 501.005 to maximize the effectiveness of,
153	153	and to reduce the duplication of the services provided by, both
154	154	programs; and
155	155	(2) maximize the use of virtual and online educational
156	156	resources in any adult education program established under this
157	157	section.
158	158	SECTION 9. Section 501.063, Government Code, is amended to
159	159	read as follows:
160	160	Sec. 501.063. ANNUAL INMATE FEE [COPAYMENTS] FOR [CERTAIN]
161	161	HEALTH CARE [VISITS]. (a) An inmate confined in a facility
162	162	operated by or under contract with the department, other than a
163	163	halfway house, [who initiates a visit to a health care provider]
164	164	shall pay an annual health care services fee [make a copayment] to
165	165	the department in the amount of $100 [$3]. The inmate shall pay
166	166	[make] the annual fee [copayment] out of the inmate's trust fund.
167	167	If the balance in the fund is insufficient to cover the fee
168	168	[copayment], 50 percent of each deposit to the fund shall be applied
169	169	toward the balance owed until the total amount owed is paid.
170	170	(b) [The department may not charge a copayment for health
171	171	care:
172	172	[(1) provided in response to a life-threatening or
173	173	emergency situation affecting the inmate's health;
174	174	[(2) initiated by the department;
175	175	[(3) initiated by the health care provider or
176	176	consisting of routine follow-up, prenatal, or chronic care; or
177	177	[(4) provided under a contractual obligation that is
178	178	established under the Interstate Corrections Compact or under an
179	179	agreement with another state that precludes assessing a copayment.
180	180	[(c)] The department shall adopt policies to ensure that
181	181	before any deductions are made from an inmate's trust fund under
182	182	this section [an inmate initiates a visit to a health care
183	183	provider], the inmate is informed that the annual health care
184	184	services fee [a $3 copayment] will be deducted from the inmate's
185	185	trust fund as required by Subsection (a).
186	186	(c) [(d)] The department may not deny an inmate access to
187	187	health care as a result of the inmate's failure or inability to pay
188	188	a fee under this section [make a copayment].
189	189	(d) [(e)] The department shall deposit money received under
190	190	this section in an account in the general revenue fund that may be
191	191	used only to pay the cost of administering this section. At the
192	192	beginning of each fiscal year, the comptroller shall transfer any
193	193	surplus from the preceding fiscal year to the state treasury to the
194	194	credit of the general revenue fund.
195	195	SECTION 10. Subchapter B, Chapter 501, Government Code, is
196	196	amended by adding Section 501.067 to read as follows:
197	197	Sec. 501.067. AVAILABILITY OF CERTAIN MEDICATION. (a) In
198	198	this section, "over-the-counter medication" means medication that
199	199	may legally be sold and purchased without a prescription.
200	200	(b) The department shall make over-the-counter medication
201	201	available for purchase by inmates in each inmate commissary
202	202	operated by or under contract with the department.
203	203	(c) The department may not deny an inmate access to
204	204	over-the-counter medications as a result of the inmate's inability
205	205	to pay for the medication. The department shall pay for the cost of
206	206	over-the-counter medication for inmates who are unable to pay for
207	207	the medication out of the profits of inmate commissaries operated
208	208	by or under contract with the department.
209	209	(d) The department may adopt policies concerning the sale
210	210	and purchase of over-the-counter medication under this section as
211	211	necessary to ensure the safety and security of inmates in the
212	212	custody of, and employees of, the department, including policies
213	213	concerning the quantities and types of over-the-counter medication
214	214	that may be sold and purchased under this section.
215	215	SECTION 11. Subchapter B, Chapter 508, Government Code, is
216	216	amended by adding Section 508.0442 to read as follows:
217	217	Sec. 508.0442. PRIORITY CONSIDERATION OF CERTAIN INMATES
218	218	FOR RELEASE; TRANSFER OF CUSTODY. (a) This section applies only to
219	219	an inmate:
220	220	(1) who is eligible for release on parole;
221	221	(2) who has been identified by the department under
222	222	Section 493.015 as an illegal criminal alien;
223	223	(3) who has not been identified by the department as a
224	224	member of a security threat group; and
225	225	(4) who is not serving a sentence for an offense:
226	226	(A) described by Section 3g(a)(1), Article
227	227	42.12, Code of Criminal Procedure, or for which the judgment
228	228	contains an affirmative finding under Section 3g(a)(2) of that
229	229	article; or
230	230	(B) described by Article 62.001(5), Code of
231	231	Criminal Procedure.
232	232	(b) The board shall establish a procedure to prioritize the
233	233	consideration by parole panels of inmates described by Subsection
234	234	(a) for release on parole. The board shall also establish
235	235	procedures to:
236	236	(1) ensure that a parole panel considers for release
237	237	on parole an inmate described by Subsection (a) as soon as is
238	238	practicable after the first date on which the inmate is eligible for
239	239	parole; and
240	240	(2) determine whether a final order of deportation has
241	241	been entered with reference to an inmate described by Subsection
242	242	(a) or will be entered before the first date on which the inmate is
243	243	eligible for release on parole.
244	244	(c) If it is determined that a final order of deportation
245	245	has not been entered with reference to an inmate described by
246	246	Subsection (a), and will not be entered before the first date on
247	247	which the inmate is eligible for release on parole, the board shall
248	248	notify the department of that determination. On receipt of notice
249	249	under this subsection, the department shall immediately request
250	250	from United States Immigration and Customs Enforcement that, with
251	251	reference to the inmate, a final order of deportation be entered in
252	252	an expedited manner.
253	253	(d) If a parole panel votes to release on parole an inmate
254	254	described by Subsection (a), the department shall, as soon as is
255	255	practicable, deliver the inmate to the custody of United States
256	256	Immigration and Customs Enforcement for immediate deportation.
257	257	SECTION 12. Section 508.283, Government Code, is amended by
258	258	adding Subsection (f) to read as follows:
259	259	(f) The department shall adopt a policy that requires parole
260	260	panels to consider all non-incarceration sanctions before revoking
261	261	a person's release on parole or to mandatory supervision.
262	262	SECTION 13. Section 509.007, Government Code, is amended to
263	263	read as follows:
264	264	Sec. 509.007. COMMUNITY JUSTICE PLAN. (a) The division
265	265	shall require as a condition to payment of state aid to a department
266	266	or county under Section 509.011 and eligibility for payment of
267	267	costs under Section 499.124 that a community justice plan be
268	268	submitted for the department. The community justice council shall
269	269	submit the plan required by this subsection. A community justice
270	270	council may not submit a plan under this section unless the plan is
271	271	first approved by the judges described by Section 76.002 who
272	272	established the department served by the council. The council
273	273	shall submit a revised plan to the division each even-numbered
274	274	[odd-numbered] year by a date designated by the division. A plan
275	275	may be amended at any time with the approval of the division.
276	276	(b) A community justice plan required under this section
277	277	must include:
278	278	(1) a statement of goals and priorities and of
279	279	commitment by the community justice council, the judges described
280	280	by Section 76.002 who established the department, and the
281	281	department director to achieve a targeted level of alternative
282	282	sanctions;
283	283	(2) a description of methods for measuring the success
284	284	of programs provided by the department or provided by an entity
285	285	served by the department; [and]
286	286	(3) a proposal for the use of state jail felony
287	287	facilities and, at the discretion of the community justice council,
288	288	a regional proposal for the construction, operation, maintenance,
289	289	or management of a state jail felony facility by a county, a
290	290	community supervision and corrections department, or a private
291	291	vendor under a contract with a county or a community supervision and
292	292	corrections department; and
293	293	(4) a description of additional alternative sanctions
294	294	the department could use to more fully rehabilitate persons under
295	295	the supervision of the department, were the department to receive
296	296	additional state aid under Section 509.011.
297	297	SECTION 14. (a) The Texas Department of Criminal Justice
298	298	shall issue a request for information to potential contractors and
299	299	vendors to determine whether contracting for the transportation of
300	300	inmates is more cost-effective than the department transporting
301	301	inmates.
302	302	(b) The Texas Department of Criminal Justice, the Board of
303	303	Pardons and Paroles, Texas Tech University Health Sciences Center,
304	304	and The University of Texas Medical Branch at Galveston shall
305	305	jointly develop a plan under which an inmate in the custody of the
306	306	department who requires specific medical care that is significantly
307	307	more expensive than the care provided, on average, to other inmates
308	308	is temporarily released under supervision for a time sufficient to
309	309	enable the inmate to receive the necessary care in a setting other
310	310	than the correctional managed health care system operated under
311	311	Subchapter E, Chapter 501, Government Code. The plan established
312	312	under this subsection must seek to maximize coverage of the
313	313	necessary medical care under any health benefit plan coverage
314	314	available to the inmate, including coverage under Medicaid,
315	315	Medicare, or a private health benefit plan.
316	316	(c) If after developing the plan required under Subsection
317	317	(b) of this section, the Texas Department of Criminal Justice and
318	318	the Board of Pardons and Paroles determine that the program may be
319	319	implemented without requiring any statutory changes, the
320	320	department and board shall implement the program.
321	321	(d) Regardless of whether contracts are entered into
322	322	concerning the transportation of inmates or whether a medical
323	323	release plan is implemented under Subsection (c) of this section,
324	324	not later than January 1, 2013, the Texas Department of Criminal
325	325	Justice shall submit a report to the governor, the lieutenant
326	326	governor, the speaker of the house of representatives, and each
327	327	standing committee of the senate and the house of representatives
328	328	with primary jurisdiction over the Texas Department of Criminal
329	329	Justice concerning the results of the request for information
330	330	issued under Subsection (a) of this section and the contents of the
331	331	medical release plan developed under Subsection (b) of this
332	332	section.
333	333	SECTION 15. (a) The Texas Department of Criminal Justice
334	334	shall conduct a study to determine the most efficient and
335	335	cost-effective manner possible in which to operate state jail
336	336	felony facilities.
337	337	(b) Not later than January 1, 2012, the Texas Department of
338	338	Criminal Justice shall submit a report to the governor, the
339	339	lieutenant governor, the speaker of the house of representatives,
340	340	each standing committee of the senate and the house of
341	341	representatives with primary jurisdiction over the Texas
342	342	Department of Criminal Justice, and the Legislative Budget Board
343	343	concerning the results of the study conducted under Subsection (a)
344	344	of this section.
345	345	SECTION 16. Section 23A, Article 42.12, Code of Criminal
346	346	Procedure, as added by this Act, applies only to a person who is
347	347	initially placed on community supervision on or after the effective
348	348	date of this Act.
349	349	SECTION 17. (a) Except as provided by Subsection (b) of
350	350	this section, the Texas Department of Criminal Justice shall ensure
351	351	that the inmate package program required under Section 495.029,
352	352	Government Code, as added by this Act, is fully operational not
353	353	later than September 1, 2011.
354	354	(b) The Texas Department of Criminal Justice shall delay the
355	355	implementation of the inmate package program until and unless the
356	356	department determines that the program may be established and
357	357	operated at no cost to the department.
358	358	SECTION 18. Section 508.0442, Government Code, as added by
359	359	this Act, is contingent on the passage of H.B. No. 2734 or
360	360	substantially similar legislation by the 82nd Legislature, Regular
361	361	Session, 2011. If H.B. No. 2734 or substantially similar
362	362	legislation by the 82nd Legislature, Regular Session, 2011, does
363	363	not become law, Section 508.0442, Government Code, as added by this
364	364	Act, has no effect.
365	365	SECTION 19. This Act takes effect immediately if it
366	366	receives a vote of two-thirds of all the members elected to each
367	367	house, as provided by Section 39, Article III, Texas Constitution.
368	368	If this Act does not receive the vote necessary for immediate
369	369	effect, this Act takes effect September 1, 2011.