By: Marquez H.B. No. 3761
A BILL TO BE ENTITLED
AN ACT
relating to the treatment of and services provided to certain
inmates in the custody of the Texas Department of Criminal Justice,
to the provision of medical care to inmates in the custody of the
department, to the release of inmates on parole and other forms of
supervised release, and to certain other matters affecting the
department.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. PROVISIONS ADDRESSING THE TREATMENT OF AND SERVICES
PROVIDED TO CERTAIN INMATES
SECTION 1.01. Subchapter A, Chapter 501, Government Code,
is amended by adding Section 501.0221 to read as follows:
Sec. 501.0221. REVIEW OF ADMINISTRATIVE SEGREGATION
POLICIES; REPORT. (a) The department shall conduct a review of the
department's policies regarding the use of administrative
segregation. The review must:
(1) examine methods to reduce the number of inmates
confined in administrative segregation, including methods of
safekeeping other than administrative segregation;
(2) consider adoption of any standards contained in
the American Bar Association's Criminal Justice Standards on the
Treatment of Prisoners that are applicable to the use of
administrative segregation;
(3) address providing an inmate confined in
administrative segregation with an opportunity to return to the
general prison population more quickly than the inmate otherwise
might, if the inmate consistently exhibits good conduct and
complies with department rules; and
(4) study the impact of extended confinement in
administrative segregation on an inmate's physical and mental well-
being and consider adoption of a policy that establishes the
maximum amount of time that an inmate may be confined in
administrative segregation, absent a determination by the
department that placing the inmate in the general population would
threaten the safety of the inmate or another person.
(b) Not later than December 31, 2012, the department shall
report the results of the review to the governor, the lieutenant
governor, the speaker of the house of representatives, and the
standing legislative committees with primary jurisdiction over the
department.
(c) If the department concludes that it is impossible or
undesirable to reduce the number of inmates confined in
administrative segregation, the department shall state the reasons
for this conclusion in the report required under Subsection (b).
(d) This section expires February 1, 2013.
SECTION 1.02. Subchapter A, Chapter 501, Government Code,
is amended by adding Sections 501.023 and 501.024 to read as
follows:
Sec. 501.023. USE OF ADMINISTRATIVE SEGREGATION. (a) The
department shall adopt a policy that prohibits confining an inmate
in administrative segregation based solely on:
(1) the inmate's membership in a gang or identified
security threat group;
(2) the inmate's misconduct or disciplinary record
while in the custody of the department, unless the misconduct or
record is substantiated by a sworn statement of the inmate or
another person; or
(3) the personal safety needs of the inmate or another
person, unless the department determines that methods other than
confinement in administrative segregation are insufficient to
ensure the safety of the inmate or another person.
(b) The policy must require the department to conduct
frequent reviews of the suitability of transfer to the general
population of inmates placed in administrative segregation.
Sec. 501.024. SERVICES TO INMATE IN ADMINISTRATIVE
SEGREGATION. The department shall adopt a policy that allows an
inmate confined in administrative segregation:
(1) to participate in educational courses,
work-related training, or other technical or vocational programs
that are available to the general inmate population, including
programs and services designed to reduce membership in gangs or
security threat groups;
(2) to have contact visits with the inmate's family;
(3) adequate and regular access to mental health
services; and
(4) for an inmate who is confined in administrative
segregation immediately before the inmate's release or discharge
from the department, access to services and programs that assist
inmates in developing:
(A) the ability to obtain and maintain long-term
employment and stable housing; and
(B) social skills and life skills, including
building and maintaining parenting skills, anger management
techniques, positive family interactions, and law-abiding
behavior.
ARTICLE 2. PROVISIONS ADDRESSING THE PROVISION OF MEDICAL CARE TO
INMATES
SECTION 2.01. Sections 8(a) and (i), Article 42.09, Code of
Criminal Procedure, are amended to read as follows:
(a) A county that transfers a defendant to the Texas
Department of Criminal Justice under this article shall deliver to
an officer designated by the department:
(1) a copy of the judgment entered pursuant to Article
42.01, completed on a standardized felony judgment form described
by Section 4 of that article;
(2) a copy of any order revoking community supervision
and imposing sentence pursuant to Section 23, Article 42.12,
including:
(A) any amounts owed for restitution, fines, and
court costs, completed on a standardized felony judgment form
described by Section 4, Article 42.01; and
(B) a copy of the client supervision plan
prepared for the defendant by the community supervision and
corrections department supervising the defendant, if such a plan
was prepared;
(3) a written report that states the nature and the
seriousness of each offense and that states the citation to the
provision or provisions of the Penal Code or other law under which
the defendant was convicted;
(4) a copy of the victim impact statement, if one has
been prepared in the case under Article 56.03;
(5) a statement as to whether there was a change in
venue in the case and, if so, the names of the county prosecuting
the offense and the county in which the case was tried;
(6) if requested, information regarding the criminal
history of the defendant, including the defendant's state
identification number if the number has been issued;
(7) a copy of the indictment or information for each
offense;
(8) a checklist sent by the department to the county
and completed by the county in a manner indicating that the
documents required by this subsection and Subsection (c) accompany
the defendant;
(9) if prepared, a copy of a presentence or
postsentence investigation report prepared under Section 9,
Article 42.12;
(10) a copy of any detainer, issued by an agency of the
federal government, that is in the possession of the county and that
has been placed on the defendant;
(11) a copy of any of the defendant's medical records
in the possession of the county, including any documentation of
treatment received during confinement in the county jail and, if
prepared, a copy of the defendant's Texas Uniform Health Status
Update Form; and
(12) a written description of a hold or warrant,
issued by any other jurisdiction, that the county is aware of and
that has been placed on or issued for the defendant.
(i) A county may deliver the documents required under
Subsections (a) and (c) of this section to the Texas Department of
Criminal Justice by electronic means and shall, if feasible,
deliver the medical records described by Subsection (a)(11) by
electronic means. For purposes of this subsection, "electronic
means" means the transmission of data between word processors, data
processors, or similar automated information equipment over
dedicated cables, commercial lines, or other similar methods of
transmission.
SECTION 2.02. Subchapter E, Chapter 501, Government Code,
is amended by adding Section 501.1501 to read as follows:
Sec. 501.1501. COST SAVINGS AND EFFICIENCY IN PROVISION OF
HEALTH CARE SERVICES. (a) The department, in cooperation with the
committee, shall annually conduct a study concerning the cost
incurred by the department in providing health care services to
inmates confined in facilities operated by or under contract with
the department to determine if the department could achieve any
cost savings or organizational efficiencies in the provision of
health care services without compromising the quality of care
provided to inmates.
(b) Based on the results of the study, the committee shall
make any necessary changes in the correctional managed health care
plan developed under Section 501.146 to achieve the greatest cost
savings and organizational efficiencies.
ARTICLE 3. PROVISIONS ADDRESSING PAROLE AND OTHER FORMS OF
SUPERVISED RELEASE
SECTION 3.01. Section 508.045(a), Government Code, is
amended to read as follows:
(a) Except as provided by Sections [Section] 508.046 and
508.1451, board members and parole commissioners shall act in
panels composed of three in matters of:
(1) release on parole;
(2) release to mandatory supervision; and
(3) revocation of parole or mandatory supervision.
SECTION 3.02. Chapter 508, Government Code, is amended by
adding Section 508.1451 to read as follows:
Sec. 508.1451. RELEASE ON PAROLE OF CERTAIN ELDERLY
INMATES. (a) For purposes of this section, "elderly inmate" means
an inmate who is 65 years of age or older.
(b) Except as otherwise provided by this section, the
department shall release on parole any elderly inmate, other than
an inmate ineligible for parole under Section 508.145(a), not later
than the inmate's initial parole eligibility date computed under
Section 508.145.
(c) The presiding officer shall appoint a six-member panel
to determine issues regarding the release on parole of elderly
inmates under this section. To deny the release on parole of an
elderly inmate under this section, at least four members of the
panel must vote against the release.
(d) To assist the panel in making appropriate
determinations under this section, the board shall contract with a
public or private entity to prepare and submit to the board, not
later than the 90th day before the inmate's release date under
Subsection (b), written recommendations based on the opinions of
not less than two licensed physicians regarding the elderly inmate
and any health issues affecting the inmate. A member of the panel
may vote for or against the inmate's release on parole only after
the member has reviewed any written recommendations that are timely
submitted to the board under this subsection.
(e) The board shall consider an elderly inmate for release
on parole under this section not later than the 60th day before the
inmate's initial parole eligibility date computed under Section
508.145. The board shall adopt a policy establishing the date on
which the board may reconsider for release an inmate who has
previously been denied release under this section. The policy must
require the board to at least annually reconsider the inmate for
release as soon as practicable after each anniversary of the date of
denial.
SECTION 3.03. Section 508.146(a), Government Code, is
amended to read as follows:
(a) An inmate other than an inmate who is serving a sentence
of death or life without parole may be released on medically
recommended intensive supervision on a date designated by a parole
panel described by Subsection (e)[, cxccpt that an inmate with an
instant offense that is an offense described in Section 3g, Article
42.12, Code of Criminal Procedure, or an inmate who has a reportable
conviction or adjudication under Chapter 62, Code of Criminal
Procedure, may only be considered if a medical condition of
terminal illness or long term care has been diagnosed by a
physician,] if:
(1) the Texas Correctional Office on Offenders with
Medical or Mental Impairments, in cooperation with the Correctional
Managed Health Care Committee, identifies the inmate as:
(A) being[:
[(A)] elderly, having a physical disability or
terminal illness, or being a person with a mental illness or mental
retardation;
(B) [physically disabled, mentally ill,
terminally ill, or mentally retarded or] having a medical condition
requiring long-term care, if the inmate is an inmate with an instant
offense that is described in Section 3g, Article 42.12, Code of
Criminal Procedure; or
(C) being [(B)] in a persistent vegetative state
or being a person with an organic brain syndrome with significant to
total mobility impairment, if the inmate is an inmate who has a
reportable conviction or adjudication under Chapter 62, Code of
Criminal Procedure;
(2) the parole panel determines that, based on the
inmate's condition and a medical evaluation, the inmate does not
constitute a threat to public safety; and
(3) the Texas Correctional Office on Offenders with
Medical or Mental Impairments, in cooperation with the pardons and
paroles division, has prepared for the inmate a medically
recommended intensive supervision plan that requires the inmate to
submit to electronic monitoring, places the inmate on super-
intensive supervision, or otherwise ensures appropriate
supervision of the inmate.
SECTION 3.04. Section 508.149, Government Code, is amended
by adding Subsection (b-1) to read as follows:
(b-1) Subsection (b) does not apply to an inmate who is
serving a sentence for an offense under Chapter 481, Health and
Safety Code.
SECTION 3.05. Section 508.283, Government Code, is amended
by amending Subsections (a), (c), and (e) and adding Subsections
(e-1), (f), (g), and (h) to read as follows:
(a) After a parole panel or designated agent of the board
has held a hearing under Section 508.281, in any manner warranted by
the evidence:
(1) the board may recommend to the governor to
continue, revoke, or modify the conditional pardon; and
(2) except as provided by Subsection (g), a parole
panel may continue, revoke, or modify the parole or mandatory
supervision.
(c) If the parole, mandatory supervision, or conditional
pardon of a person [other than a person described by Section
508.149(a)] is revoked, the person may be required to serve the
remaining portion of the sentence on which the person was released.
The [For a person who on the date of issuance of a warrant or summons
initiating the revocation process is subject to a sentence the
remaining portion of which is greater than the amount of time from
the date of the person's release to the date of issuance of the
warrant or summons, the] remaining portion of the sentence is to be
served with [without] credit for the time from the date of the
person's release to the date of the violation that resulted in the
revocation. [For a person who on the date of issuance of the
warrant or summons is subject to a sentence the remaining portion of
which is less than the amount of time from the date of the person's
release to the date of issuance of the warrant or summons, the
remaining portion is to be served without credit for an amount of
time equal to the remaining portion of the sentence on the date of
issuance of the warrant or citation.]
(e) If a person's parole or mandatory supervision is
modified after it is established that the person violated
conditions of release, the parole panel [board] may require the
releasee to remain under custodial supervision in a county jail for
a period of not less than 60 days or more than 180 days. The parole
panel may require a person to remain under custodial supervision
under this subsection each time the board modifies the person's
parole or mandatory supervision.
(e-1) A sheriff is required to accept an inmate sanctioned
under Subsection (e) [this subsection] only if the commissioners
court of the county in which the sheriff serves and the Texas
Department of Criminal Justice have entered into a contract
providing for the housing of persons sanctioned under that [this]
subsection.
(f) If a person's parole or mandatory supervision is
modified and the parole panel requires the person to serve a term of
confinement and treatment in a substance abuse treatment facility
operated under Section 493.009 as a condition of the modification,
the term must be not less than 180 days and not more than one year.
This subsection does not apply to a releasee required to register as
a sex offender under Chapter 62, Code of Criminal Procedure, or to a
releasee in the super-intensive supervision program under Section
508.317(d).
(g) This subsection applies only to a person released on
parole or to mandatory supervision after serving a sentence for an
offense other than an offense listed under Section 3g(a)(1),
Article 42.12, Code of Criminal Procedure, or an offense the
judgment for which contains an affirmative finding under Section
3g(a)(2), Article 42.12, Code of Criminal Procedure. A parole panel
may not revoke a person's parole or mandatory supervision under
this section if the person:
(1) committed only an administrative violation of a
condition of release; or
(2) has been adjudicated guilty of or has pleaded
guilty or nolo contendere to an offense punishable as a misdemeanor
that is committed after release, other than an offense under
Section 545.421, Transportation Code.
(h) Notwithstanding Subsection (g) a parole panel may
revoke a person's parole or mandatory supervision under this
section if the person:
(1) has failed to report to the parole officer
supervising the person for a period of at least one year; or
(2) is arrested outside of this state on a warrant
issued under Section 508.251.
SECTION 3.06. Subchapter I, Chapter 508, Government Code,
is amended by adding Section 508.2831 to read as follows:
Sec. 508.2831. SANCTION: CONFINEMENT IN INTERMEDIATE
SANCTION FACILITY. (a) After a hearing under Section 508.281, if a
parole panel modifies a person's parole or mandatory supervision
because the person violated the person's conditions of release, the
panel may require the person to remain under custodial supervision
in an intermediate sanction facility operated by or under contract
with the department for a term of not less than 60 days or more than
one year. This subsection does not apply to a releasee required to
register as a sex offender under Chapter 62, Code of Criminal
Procedure, or to a releasee in the super-intensive supervision
program under Section 508.317(d).
(b) A parole panel may require a person to remain under
custodial supervision as described by Subsection (a) each time the
panel modifies the person's parole or mandatory supervision.
SECTION 3.07. Section 508.283(b), Government Code, is
repealed.
ARTICLE 4. PROVISION AFFECTING TEXAS DEPARTMENT OF CRIMINAL JUSTICE
SECTION 4.01. Chapter 493, Government Code, is amended by
adding Section 493.0081 to read as follows:
Sec. 493.0081. COST SAVINGS AND ORGANIZATIONAL EFFICIENCY.
The department and board shall conduct a study concerning the cost
incurred by the department in operating, or contracting for the
operation of, each facility operated by or under contract with the
department to determine if the department could achieve any cost
savings or improve organizational efficiency by closing or
consolidating the facilities studied.
ARTICLE 5. TRANSITION; EFFECTIVE DATE
SECTION 5.01. Not later than September 1, 2012, the Texas
Department of Criminal Justice, in cooperation with the
Correctional Managed Health Care Committee, shall complete the
first study required by Section 501.1501, Government Code, as added
by this Act.
SECTION 5.02. Not later than January 1, 2012, the Texas
Department of Criminal Justice shall release on parole any elderly
inmate, as defined by Section 508.1451, Government Code, as added
by this Act, with respect to whom a parole panel has not denied
release on parole under that section.
SECTION 5.03. Section 508.146(a), Government Code, as
amended by this Act, applies only to the release of an inmate under
that section on or after the effective date of this Act, regardless
of when the offense for which the inmate is serving a sentence was
committed.
SECTION 5.04. Section 508.149(b-1), Government Code, as
added by this Act, applies to any inmate serving a term of
imprisonment in a facility operated by or under contract with the
Texas Department of Criminal Justice on or after the effective date
of this Act, regardless of when the inmate was sentenced to serve
that term.
SECTION 5.05. Sections 508.283(a) and (e), Government Code,
as amended by this Act, and Sections 508.283(e-1), (f), (g), and
(h) and 508.2831, Government Code, as added by this Act, apply
only to a determination by a parole panel made on or after the
effective date of this Act. A determination made before the
effective date of this Act is covered by the law in effect on the
date the determination was made, and the former law is continued in
effect for that purpose.
SECTION 5.06. The change in law made by this Act in amending
Section 508.283(c), Government Code, and repealing Section
508.283(b), Government Code, applies only to the calculation of the
remaining sentence for an inmate whose release on parole, mandatory
supervision, or conditional pardon is revoked on or after the
effective date of this Act. The calculation of the remaining
sentence for an inmate whose release on parole, mandatory
supervision, or conditional pardon is revoked before the effective
date of this Act is governed by the law in effect immediately before
the effective date of this Act, and the former law is continued in
effect for that purpose.
SECTION 5.07. This Act takes effect September 1, 2011.