Texas 2013 - 83rd Regular

Texas House Bill HB2289 Compare Versions

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1	1	83R23018 JRR-D
2	2	By: Price H.B. No. 2289
3	3	Substitute the following for H.B. No. 2289:
4	4	By: Parker C.S.H.B. No. 2289
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	relating to the continuation and functions of the Texas Board of
9	9	Criminal Justice, the Texas Department of Criminal Justice, and the
10	10	Windham School District and to the functions of the Board of Pardons
11	11	and Paroles and the Correctional Managed Health Care Committee.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 492.012, Government Code, is amended to
14	14	read as follows:
15	15	Sec. 492.012. SUNSET PROVISION. The Texas Board of
16	16	Criminal Justice and the Texas Department of Criminal Justice are
17	17	subject to Chapter 325 (Texas Sunset Act). Unless continued in
18	18	existence as provided by that chapter, the board and the department
19	19	are abolished September 1, 2021 [2013].
20	20	SECTION 2. Chapter 493, Government Code, is amended by
21	21	adding Section 493.031 to read as follows:
22	22	Sec. 493.031. CASE MANAGEMENT COMMITTEES. (a) Each
23	23	facility under the oversight of the correctional institutions
24	24	division shall establish a case management committee to assess each
25	25	inmate in the facility and ensure the inmate is receiving
26	26	appropriate services or participating in appropriate programs. The
27	27	case management committee shall:
28	28	(1) review each individual treatment plan adopted
29	29	under Section 508.152 for an inmate in the facility and, as
30	30	applicable, discuss with the inmate a possible treatment plan,
31	31	including participation in any program or service that may be
32	32	available through the department, the Windham School District, or
33	33	any volunteer organization; and
34	34	(2) meet with each inmate in the facility at the time
35	35	of the inmate's initial placement in the facility and at any time in
36	36	which the committee seeks to reclassify the inmate based on the
37	37	inmate's refusal to participate in a program or service recommended
38	38	by the committee.
39	39	(b) A case management committee must include the members of
40	40	the unit classification committee. In addition to those members, a
41	41	case management committee may include any of the following members,
42	42	based on availability and inmate needs:
43	43	(1) an employee whose primary duty involves providing
44	44	rehabilitation and reintegration programs or services;
45	45	(2) an employee whose primary duty involves providing
46	46	vocational training or educational services to inmates;
47	47	(3) an employee whose primary duty involves providing
48	48	medical care or mental health care treatment to inmates; or
49	49	(4) a representative of a faith-based or volunteer
50	50	organization.
51	51	SECTION 3. Section 501.092, Government Code, as added by
52	52	Chapter 643 (H.B. 1711), Acts of the 81st Legislature, Regular
53	53	Session, 2009, is reenacted and amended to read as follows:
54	54	Sec. 501.092. COMPREHENSIVE REENTRY AND REINTEGRATION PLAN
55	55	FOR OFFENDERS. (a) The department shall develop and adopt a
56	56	comprehensive plan to reduce recidivism and ensure the successful
57	57	reentry and reintegration of offenders into the community following
58	58	an offender's release or discharge from a correctional facility.
59	59	(b) The reentry and reintegration plan adopted [developed]
60	60	under this section must [provide for]:
61	61	(1) incorporate the use of the risk and needs
62	62	assessment instrument adopted under Section 501.0921 [an
63	63	assessment of offenders entering a correctional facility to
64	64	determine which skills the offender needs to develop to be
65	65	successful in the community following release or discharge];
66	66	(2) provide for programs that address the assessed
67	67	needs of offenders;
68	68	(3) provide for a comprehensive network of transition
69	69	programs to address the needs of offenders released or discharged
70	70	from a correctional facility;
71	71	(4) identify and define the transition services that
72	72	are to be provided by the department and which offenders are
73	73	eligible for those services;
74	74	(5) coordinate the provision of reentry and
75	75	reintegration services provided to offenders through state-funded
76	76	and volunteer programs across divisions of the department to:
77	77	(A) target eligible offenders efficiently; and
78	78	(B) ensure maximum use of existing facilities,
79	79	personnel, equipment, supplies, and other resources;
80	80	(6) provide for collecting and maintaining data
81	81	regarding the number of offenders who received reentry and
82	82	reintegration services and the number of offenders who were
83	83	eligible for but did not receive those services, including
84	84	offenders who did not participate in those services;
85	85	(7) provide for evaluating the effectiveness of the
86	86	reentry and reintegration services provided to offenders by
87	87	collecting, maintaining, and reporting outcome information,
88	88	including recidivism data as applicable;
89	89	(8) identify [(4) the identification of] providers of
90	90	existing local programs and transitional services with whom the
91	91	department may contract under Section 495.028 to implement the
92	92	reentry and reintegration plan; and
93	93	(9) [(5)] subject to Subsection (f) [(c)], provide for
94	94	the sharing of information between local coordinators, persons with
95	95	whom the department contracts under Section 495.028, and other
96	96	providers of services as necessary to adequately assess and address
97	97	the needs of each offender.
98	98	(c) The department, in consultation with the Board of
99	99	Pardons and Paroles and the Windham School District, shall
100	100	establish the role of each entity in providing reentry and
101	101	reintegration services. The reentry and reintegration plan adopted
102	102	under this section must include, with respect to the department,
103	103	the Board of Pardons and Paroles, and the Windham School District:
104	104	(1) the reentry and reintegration responsibilities
105	105	and goals of each entity, including the duties of each entity to
106	106	administer the risk and needs assessment instrument adopted under
107	107	Section 501.0921;
108	108	(2) the strategies for achieving the goals identified
109	109	by each entity; and
110	110	(3) specific timelines for each entity to implement
111	111	the components of the reentry and reintegration plan for which the
112	112	entity is responsible.
113	113	(d) The department shall regularly evaluate the reentry and
114	114	reintegration plan adopted under this section. Not less than once
115	115	in each three-year period following the adoption of the plan, the
116	116	department shall update the plan.
117	117	(e) The department shall provide a copy of the initial
118	118	reentry and reintegration plan adopted under this section and each
119	119	evaluation and revision of the plan to the board, the Windham School
120	120	District, and the Board of Pardons and Paroles.
121	121	(f) An offender's personal health information may be
122	122	disclosed under Subsection (b)(9) [(b)(5)] only if:
123	123	(1) the offender consents to the disclosure; and
124	124	(2) the disclosure does not violate the Health
125	125	Insurance Portability and Accountability Act of 1996 (Pub. L. No.
126	126	104-191) or other state or federal law.
127	127	(g) [(d)] The programs provided under Subsections (b)(2)
128	128	and (3) must:
129	129	(1) be implemented by highly skilled staff who are
130	130	experienced in working with inmate reentry and reintegration
131	131	programs;
132	132	(2) provide offenders with:
133	133	(A) individualized case management and a full
134	134	continuum of care;
135	135	(B) life-skills training, including information
136	136	about budgeting, money management, nutrition, and exercise;
137	137	(C) education and, if an offender has a learning
138	138	disability, special education;
139	139	(D) employment training;
140	140	(E) appropriate treatment programs, including
141	141	substance abuse and mental health treatment programs; and
142	142	(F) parenting and relationship building classes;
143	143	and
144	144	(3) be designed to build for former offenders
145	145	post-release and post-discharge support from the community into
146	146	which an offender is released or discharged, including support from
147	147	agencies and organizations within that community.
148	148	(h) [(e)] In developing the reentry and reintegration plan
149	149	adopted under this section, the department shall ensure that the
150	150	reentry program for long-term inmates under Section 501.096 and the
151	151	reintegration services provided under Section 501.097 are
152	152	incorporated into the plan.
153	153	(i) Not later than September 1 of each even-numbered year,
154	154	the department shall deliver a report of the results of evaluations
155	155	conducted under Subsection (b)(7) to the lieutenant governor, the
156	156	speaker of the house of representatives, and each standing
157	157	committee of the senate and house of representatives having primary
158	158	jurisdiction over the department.
159	159	SECTION 4. Subchapter C, Chapter 501, Government Code, is
160	160	amended by adding Section 501.0921 to read as follows:
161	161	Sec. 501.0921. RISK AND NEEDS ASSESSMENT INSTRUMENT. (a)
162	162	The department shall adopt a standardized instrument to assess,
163	163	based on criminogenic factors, the risks and needs of each offender
164	164	within the adult criminal justice system.
165	165	(b) The department shall make the risk and needs assessment
166	166	instrument available for use by each community supervision and
167	167	corrections department established under Chapter 76.
168	168	(c) The department and the Windham School District shall
169	169	jointly determine the duties of each entity with respect to
170	170	implementing the risk and needs assessment instrument in order to
171	171	efficiently use existing assessment processes.
172	172	(d) The department shall specify a timeline for the testing,
173	173	adoption, and implementation of the risk and needs assessment
174	174	instrument. The department's timeline must provide for the use of
175	175	the instrument to be fully implemented not later than January 1,
176	176	2015. This subsection expires January 1, 2016.
177	177	SECTION 5. Section 501.098, Government Code, as added by
178	178	Chapter 643 (H.B. 1711), Acts of the 81st Legislature, Regular
179	179	Session, 2009, is reenacted and amended to read as follows:
180	180	Sec. 501.098. REENTRY TASK FORCE. (a) The department shall
181	181	establish a reentry task force and shall coordinate the work of the
182	182	task force with the Office of Court Administration. The executive
183	183	director shall ensure that the task force includes representatives
184	184	of [, and by rule shall enter into a memorandum of understanding
185	185	with] the following entities [to establish a reentry task force]:
186	186	(1) the Texas Juvenile Justice Department [Youth
187	187	Commission];
188	188	(2) the Texas Workforce Commission;
189	189	(3) the Department of Public Safety;
190	190	(4) the Texas Department of Housing and Community
191	191	Affairs;
192	192	(5) the Texas Correctional Office on Offenders with
193	193	Medical or Mental Impairments;
194	194	(6) the Health and Human Services Commission;
195	195	(7) the Texas Judicial Council; [and]
196	196	(8) the Board of Pardons and Paroles;
197	197	(9) the Windham School District;
198	198	(10) the Texas Commission on Jail Standards;
199	199	(11) the Department of State Health Services;
200	200	(12) the Texas Court of Criminal Appeals;
201	201	(13) the County Judges and Commissioners Association
202	202	of Texas;
203	203	(14) the Sheriffs' Association of Texas;
204	204	(15) the Texas District and County Attorneys
205	205	Association; and
206	206	(16) the Texas Conference of Urban Counties.
207	207	(b) The executive director shall appoint a representative
208	208	from each of the following entities to serve on the reentry task
209	209	force:
210	210	(1) a community supervision and corrections
211	211	department established under Chapter 76;
212	212	(2) an organization that advocates on behalf of
213	213	offenders;
214	214	(3) a local reentry planning entity; and
215	215	(4) a statewide [an] organization [selected by the
216	216	department] that advocates for or provides reentry or reintegration
217	217	services to offenders following their release or discharge from a
218	218	correctional facility.
219	219	(c) To the extent feasible, the executive director shall
220	220	ensure that the membership of the reentry task force reflects the
221	221	geographic diversity of this state and includes members of both
222	222	rural and urban communities.
223	223	(d) The executive director may appoint additional members
224	224	as the executive director determines necessary.
225	225	(e) [(b)] The reentry task force shall [established under
226	226	Subsection (a) may]:
227	227	(1) identify gaps in services for offenders following
228	228	their release or discharge to rural or urban communities in the
229	229	areas of employment, housing, substance abuse treatment, medical
230	230	care, and any other areas in which the offenders need special
231	231	services; and
232	232	(2) coordinate with providers of existing local
233	233	reentry and reintegration programs, including programs operated by
234	234	a municipality or county, to make recommendations regarding the
235	235	provision of comprehensive services to offenders following their
236	236	release or discharge to rural or urban communities.
237	237	(f) In performing its duties under Subsection (e), the
238	238	reentry task force shall:
239	239	(1) identify:
240	240	(A) specific goals of the task force;
241	241	(B) specific deliverables of the task force,
242	242	including the method or format in which recommendations under
243	243	Subsection (e)(2) will be made available; and
244	244	(C) the intended audience or recipients of the
245	245	items described by Paragraph (B);
246	246	(2) specify the responsibilities of each entity
247	247	represented on the task force regarding the goals of the task force;
248	248	and
249	249	(3) specify a timeline for achieving the task force's
250	250	goals and producing the items described by Subdivision (1)(B).
251	251	SECTION 6. Section 501.131, Government Code, is amended to
252	252	read as follows:
253	253	Sec. 501.131. DEFINITIONS [DEFINITION]. In this
254	254	subchapter:
255	255	(1) "Committee" [,"committee"] means the Correctional
256	256	Managed Health Care Committee.
257	257	(2) "Contracting entity" means an entity that
258	258	contracts with the department to provide health care services under
259	259	this chapter.
260	260	(3) "Medical school" means the medical school at The
261	261	University of Texas Health Science Center at Houston, the medical
262	262	school at The University of Texas Health Science Center at Dallas,
263	263	the medical school at The University of Texas Health Science Center
264	264	at San Antonio, The University of Texas Medical Branch at
265	265	Galveston, the Texas Tech University Health Sciences Center, the
266	266	Baylor College of Medicine, the college of osteopathic medicine at
267	267	the University of North Texas Health Science Center at Fort Worth,
268	268	or The Texas A&M University System Health Science Center.
269	269	SECTION 7. Section 501.133, Government Code, is amended by
270	270	amending Subsection (a) and adding Subsection (c) to read as
271	271	follows:
272	272	(a) The committee consists of nine [five] voting members and
273	273	one nonvoting member as follows:
274	274	(1) one member employed full-time by the department,
275	275	appointed by the executive director;
276	276	(2) one member who is a physician and employed
277	277	full-time by The University of Texas Medical Branch at Galveston,
278	278	appointed by the president of the medical branch;
279	279	(3) one member who is a physician and employed
280	280	full-time by the Texas Tech University Health Sciences Center,
281	281	appointed by the president of the university;
282	282	(4) two members who are physicians, each of whom is
283	283	employed full-time by a medical school other than The University of
284	284	Texas Medical Branch at Galveston or the Texas Tech University
285	285	Health Sciences Center, appointed by the governor;
286	286	(5) two members appointed by the governor who are
287	287	licensed mental health professionals;
288	288	(6) two public members appointed by the governor who
289	289	are not affiliated with the department or with any contracting
290	290	entity [with which the committee has contracted to provide health
291	291	care services under this chapter], at least one of whom is licensed
292	292	to practice medicine in this state; and
293	293	(7) [(5)] the state Medicaid director or a person
294	294	employed full-time by the Health and Human Services Commission and
295	295	appointed by the Medicaid director, to serve ex officio as a
296	296	nonvoting member.
297	297	(c) A committee member appointed under Subsection (a)(7)
298	298	shall assist the department with developing the expertise needed to
299	299	accurately assess health care costs and determine appropriate
300	300	rates.
301	301	SECTION 8. Section 501.136, Government Code, is amended to
302	302	read as follows:
303	303	Sec. 501.136. APPOINTMENT; TERMS OF OFFICE; VACANCY [FOR
304	304	PUBLIC MEMBERS]. (a) The two committee members appointed under
305	305	Section 501.133(a)(4) serve concurrent four-year terms expiring on
306	306	February 1 following the fourth anniversary of the date of
307	307	appointment. On the expiration of the terms, the governor shall
308	308	appoint one member from each of the next two medical schools that,
309	309	based on an alphabetical listing of the names of the medical
310	310	schools, follow the medical schools that employ the vacating
311	311	members. A medical school may not be represented at any given time
312	312	by more than one member appointed under Section 501.133(a)(4).
313	313	(b) The two committee members appointed under Section
314	314	501.133(a)(5) serve concurrent four-year terms expiring on
315	315	February 1 following the fourth anniversary of the date of
316	316	appointment.
317	317	(c) Public [Committee] members appointed under Section
318	318	501.133(a)(6) [by the governor] serve staggered four-year terms,
319	319	with the term of one of those members expiring on February 1 of each
320	320	odd-numbered year.
321	321	(d) Other committee members serve at the will of the
322	322	appointing official or until termination of the member's employment
323	323	with the entity the member represents.
324	324	(e) If a vacancy occurs, the appropriate appointing
325	325	authority shall appoint a person, in the same manner as the original
326	326	appointment, to serve for the remainder of the unexpired term. If a
327	327	vacancy occurs in a position appointed under Section 501.133(a)(4),
328	328	the governor shall appoint a physician employed by the same medical
329	329	school as that of the vacating member.
330	330	SECTION 9. Section 501.146, Government Code, is amended by
331	331	amending Subsection (a) and adding Subsection (c) to read as
332	332	follows:
333	333	(a) The committee shall develop and approve a managed health
334	334	care plan for all persons confined by the department that
335	335	[includes]:
336	336	(1) specifies the types and general level of care to be
337	337	provided to [the establishment of a managed health care provider
338	338	network of physicians and hospitals that will serve the department
339	339	as the exclusive health care provider for] persons confined [in
340	340	institutions operated] by the department; and
341	341	(2) ensures continued access to needed care in the
342	342	correctional health care system [cost containment studies;
343	343	[(3) care case management and utilization management
344	344	studies performed for the department; and
345	345	[(4) concerning the establishment of criteria for
346	346	hospitals, home health providers, or hospice providers, a provision
347	347	requiring the managed health care plan to accept certification by
348	348	the Medicare program under Title XVIII, Social Security Act (42
349	349	U.S.C. Section 1395 et seq.), and its subsequent amendments, as an
350	350	alternative to accreditation by the Joint Commission on
351	351	Accreditation of Healthcare Organizations].
352	352	(c) The committee shall provide expertise to the
353	353	department, and may appoint subcommittees to assist the department,
354	354	in developing policies and procedures for implementation of the
355	355	managed health care plan.
356	356	SECTION 10. Section 501.147, Government Code, is amended to
357	357	read as follows:
358	358	Sec. 501.147. POWERS AND DUTIES OF DEPARTMENT; AUTHORITY TO
359	359	CONTRACT. (a) The department, in cooperation with the contracting
360	360	entities, shall:
361	361	(1) establish a managed health care provider network
362	362	of physicians and hospitals to provide health care to persons
363	363	confined by the department; and
364	364	(2) evaluate and recommend to the board sites for new
365	365	medical facilities that appropriately support the managed health
366	366	care provider network.
367	367	(b) The department may:
368	368	(1) communicate with the legislature regarding the
369	369	financial needs of the correctional health care system;
370	370	(2) monitor the expenditures of a contracting entity
371	371	to ensure that those expenditures comply with applicable statutory
372	372	and contractual requirements;
373	373	(3) address problems found through monitoring
374	374	activities, including requiring corrective action if care does not
375	375	meet expectations as determined by those monitoring activities;
376	376	(4) identify and address long-term needs of the
377	377	correctional health care system;
378	378	(5) [enter into a] contract with any entity to fully
379	379	implement the managed health care plan under this subchapter,
380	380	including contracting for health care services and the integration
381	381	of those services into the managed health care provider network;
382	382	(6) contract with an individual for financial
383	383	consulting services and make use of financial monitoring of the
384	384	managed health care plan to assist the department in determining an
385	385	accurate capitation rate; and
386	386	(7) contract with an individual for actuarial
387	387	consulting services to assist the department in determining trends
388	388	in the health of the inmate population and the impact of those
389	389	trends on future financial needs.
390	390	(c) In contracting for the implementation of the managed
391	391	health care plan, the department shall:
392	392	(1) [A contract entered into under this subsection
393	393	must] include provisions necessary to ensure that the contracting
394	394	entity [The University of Texas Medical Branch at Galveston] is
395	395	eligible for and makes reasonable efforts to participate in the
396	396	purchase of prescription drugs under Section 340B, Public Health
397	397	Service Act (42 U.S.C. Section 256b); and[.]
398	398	(2) [(b) The department may contract with other
399	399	governmental entities for similar health care services and
400	400	integrate those services into the managed health care provider
401	401	network.
402	402	[(c) In contracting for implementation of the managed
403	403	health care plan, the department,] to the extent possible, [shall]
404	404	integrate the managed health care provider network with the
405	405	[public] medical schools [of this state] and the component and
406	406	affiliated hospitals of those medical schools. [The contract must
407	407	authorize The University of Texas Medical Branch at Galveston to
408	408	contract directly with the Texas Tech University Health Sciences
409	409	Center for the provision of health care services. The Texas Tech
410	410	University Health Sciences Center shall cooperate with The
411	411	University of Texas Medical Branch at Galveston in its efforts to
412	412	participate in the purchase of prescription drugs under Section
413	413	340B, Public Health Service Act (42 U.S.C. Section 256b).]
414	414	(d) For services that a governmental entity [the public
415	415	medical schools and their components and affiliates] cannot
416	416	provide, the department shall initiate a competitive bidding
417	417	process for contracts with other providers for medical care to
418	418	persons confined by the department.
419	419	[(e) The department, in cooperation with the committee, may
420	420	contract with an individual or firm for a biennial review of, and
421	421	report concerning, expenditures under the managed health care plan.
422	422	The review must be conducted by an individual or firm experienced in
423	423	auditing the state's Medicaid expenditures and other medical
424	424	expenditures. Not later than September 1 of each even-numbered
425	425	year, the department shall submit a copy of a report under this
426	426	section to the health care providers that are part of the managed
427	427	health care provider network established under this subchapter, the
428	428	Legislative Budget Board, the governor, the lieutenant governor,
429	429	and the speaker of the house of representatives.]
430	430	SECTION 11. Subchapter E, Chapter 501, Government Code, is
431	431	amended by adding Section 501.1471 to read as follows:
432	432	Sec. 501.1471. REPORT. (a) Not later than the 30th day
433	433	after the end of each fiscal quarter, the department shall submit to
434	434	the Legislative Budget Board and the governor a report that
435	435	contains, for the preceding quarter:
436	436	(1) the actual and projected expenditures for the
437	437	correctional health care system, including expenditures for unit
438	438	and psychiatric care, hospital and clinical care, and pharmacy
439	439	services;
440	440	(2) health care utilization and acuity data;
441	441	(3) other health care information as determined by the
442	442	governor and the Legislative Budget Board; and
443	443	(4) the amount of cost savings realized as a result of
444	444	contracting for health care services under this subchapter with a
445	445	provider other than the Texas Tech University Health Sciences
446	446	Center and The University of Texas Medical Branch.
447	447	(b) A contract entered into by the department for the
448	448	provision of health care services must require the contracting
449	449	entity to provide the department with necessary documentation to
450	450	fulfill the requirements of this section.
451	451	SECTION 12. Sections 501.148(a) and (b), Government Code,
452	452	are amended to read as follows:
453	453	(a) The committee may:
454	454	(1) develop statewide policies for the delivery of
455	455	correctional health care;
456	456	(2) [communicate with the department and the
457	457	legislature regarding the financial needs of the correctional
458	458	health care system;
459	459	[(3) in conjunction with the department, monitor the
460	460	expenditures of The University of Texas Medical Branch at Galveston
461	461	and the Texas Tech University Health Sciences Center to ensure that
462	462	those expenditures comply with applicable statutory and
463	463	contractual requirements;
464	464	[(4)] serve as a dispute resolution forum in the event
465	465	of a disagreement relating to inmate health care services between:
466	466	(A) the department and the health care providers;
467	467	or
468	468	(B) contracting entities [The University of
469	469	Texas Medical Branch at Galveston and the Texas Tech University
470	470	Health Sciences Center;
471	471	[(5) address problems found through monitoring
472	472	activities by the department and health care providers, including
473	473	requiring corrective action if care does not meet expectations as
474	474	determined by those monitoring activities;
475	475	[(6) identify and address long-term needs of the
476	476	correctional health care system]; and
477	477	(3) [(7)] report to the board [Texas Board of Criminal
478	478	Justice] at the board's regularly scheduled meeting each quarter on
479	479	the committee's policy recommendations[, the financial status of
480	480	the correctional health care system, and corrective actions taken
481	481	by or required of the department or the health care providers].
482	482	(b) The committee shall advise the department and the board
483	483	as necessary, including providing medical expertise and assisting
484	484	the department and the board in identifying system needs and
485	485	resolving contract disputes [evaluate and recommend to the board
486	486	sites for new medical facilities that appropriately support the
487	487	managed health care provider network].
488	488	SECTION 13. Sections 501.1485(a) and (b), Government Code,
489	489	are amended to read as follows:
490	490	(a) The department, in cooperation with any contracting
491	491	entity that is a medical school [The University of Texas Medical
492	492	Branch at Galveston and the Texas Tech University Health Sciences
493	493	Center], shall develop and implement a training program for
494	494	corrections medication aides that uses a curriculum specific to
495	495	administering medication in a correctional setting.
496	496	(b) In developing the curriculum for the training program,
497	497	the department and the medical school [, The University of Texas
498	498	Medical Branch at Galveston, and the Texas Tech University Health
499	499	Sciences Center] shall:
500	500	(1) consider the content of the curriculum developed
501	501	by the American Correctional Association for certified corrections
502	502	nurses; and
503	503	(2) modify as appropriate the content of the
504	504	curriculum developed under Chapter 242, Health and Safety Code, for
505	505	medication aides administering medication in convalescent and
506	506	nursing homes and related institutions to produce content suitable
507	507	for administering medication in a correctional setting.
508	508	SECTION 14. Subchapter E, Chapter 508, Government Code, is
509	509	amended by adding Section 508.1411 to read as follows:
510	510	Sec. 508.1411. NOTIFICATION OF PAROLE PANEL DECISION. (a)
511	511	For each decision of a parole panel granting or denying the release
512	512	of an inmate on parole, or denying the release of an inmate on
513	513	mandatory supervision, the parole panel shall:
514	514	(1) produce a written statement, in clear and
515	515	understandable language, that explains:
516	516	(A) the decision; and
517	517	(B) the reasons for the decision only to the
518	518	extent those reasons relate specifically to the inmate;
519	519	(2) provide a copy of the statement to the inmate; and
520	520	(3) place a copy of the statement in the inmate's file.
521	521	(b) In a written statement produced under Subsection (a),
522	522	the parole panel may withhold information that:
523	523	(1) is confidential and not subject to public
524	524	disclosure under Chapter 552; or
525	525	(2) the parole panel considers to possibly jeopardize
526	526	the health or safety of any individual.
527	527	(c) The board shall keep a copy of each statement produced
528	528	under Subsection (a) in a central location.
529	529	SECTION 15. Section 508.144, Government Code, is amended to
530	530	read as follows:
531	531	Sec. 508.144. PAROLE GUIDELINES AND RANGE OF RECOMMENDED
532	532	PAROLE APPROVAL RATES. (a) The board shall:
533	533	(1) develop according to an acceptable research method
534	534	the parole guidelines that are the basic criteria on which a parole
535	535	decision is made;
536	536	(2) base the guidelines on the seriousness of the
537	537	offense and the likelihood of a favorable parole outcome;
538	538	(3) ensure that the guidelines require consideration
539	539	of an inmate's progress in any programs in which the inmate
540	540	participated during the inmate's term of confinement; [and]
541	541	(4) establish and maintain a range of recommended
542	542	parole approval rates for each category or score within the
543	543	guidelines; and
544	544	(5) implement the guidelines.
545	545	(b) [If a board member or parole commissioner deviates from
546	546	the parole guidelines in voting on a parole decision, the member or
547	547	parole commissioner shall:
548	548	[(1) produce a written statement describing in detail
549	549	the specific circumstances regarding the departure from the
550	550	guidelines;
551	551	[(2) place a copy of the statement in the file of the
552	552	inmate for whom the parole decision was made; and
553	553	[(3) provide a copy of the statement to the inmate.
554	554	[(c) The board shall keep a copy of a statement made under
555	555	Subsection (b) in a central location.
556	556	[(d)] The board shall meet annually to review and discuss
557	557	the parole guidelines and range of recommended parole approval
558	558	rates [developed under Subsection (a)]. The board may consult
559	559	outside experts to assist with the review. The board shall
560	560	prioritize the use of outside experts, technical assistance, and
561	561	training in taking any action under Subsection (c). The board must
562	562	consider:
563	563	(1) how the parole guidelines and range of recommended
564	564	parole approval rates serve the needs of parole decision-making;
565	565	and
566	566	(2) the extent to which [how well] the parole
567	567	guidelines and range of recommended parole approval rates reflect
568	568	parole panel decisions [;] and
569	569	[(3) how well parole guidelines] predict successful
570	570	parole outcomes.
571	571	(c) [(e)] Based on the board's review [of the parole
572	572	guidelines] under Subsection (b) [(d)], the board may:
573	573	(1) update the guidelines by:
574	574	(A) including new risk factors; or
575	575	(B) changing the values of offense severity or
576	576	risk factor scores; or
577	577	(2) modify the range of recommended parole approval
578	578	rates under the guidelines, if:
579	579	(A) a modification is recommended as a result of
580	580	the peer review process under Section 508.1441; or
581	581	(B) parole approval rates differ significantly
582	582	from the range of recommended parole approval rates.
583	583	(d) [(f)] The board is not required to hold an open meeting
584	584	to review the parole guidelines and range of recommended parole
585	585	approval rates as required by Subsection (b) [(d)], but any
586	586	modifications or updates to the guidelines or range of recommended
587	587	parole approval rates made by the board under Subsection (c) [(e)]
588	588	must occur in an open meeting.
589	589	SECTION 16. Subchapter E, Chapter 508, Government Code, is
590	590	amended by adding Section 508.1441 to read as follows:
591	591	Sec. 508.1441. REVIEW OF DEVIATIONS; PEER REVIEW PANELS.
592	592	(a) The board shall conduct an annual review of the voting patterns
593	593	of each regional office and individual parole panel member to
594	594	identify the offices or members that have actual parole approval
595	595	rates in a fiscal year that deviate from the range of recommended
596	596	parole approval rates for a given category or score by more than
597	597	five percent either above or below the recommended range.
598	598	(b) The board shall develop and implement a peer review
599	599	process by which a panel will review the parole decisions of a
600	600	regional office identified by the board as deviating from the range
601	601	of recommended parole approval rates as described by Subsection
602	602	(a).
603	603	(c) The presiding officer shall designate the composition
604	604	of each peer review panel and shall designate panels composed of any
605	605	combination of board members and parole commissioners.
606	606	(d) In conducting a review, a peer review panel shall:
607	607	(1) review a reasonable sample of the cases of the
608	608	regional office under review that relate to the deviation;
609	609	(2) determine whether the deviation:
610	610	(A) was justified; or
611	611	(B) indicates a need for additional training, a
612	612	reexamination of the parole guidelines, or a modification of the
613	613	range of recommended parole approval rates to increase the
614	614	reliability, validity, or effectiveness of the guidelines or range;
615	615	and
616	616	(3) make recommendations to the regional office under
617	617	review to enable the office to more accurately align the office's
618	618	actual parole approval rates with the range of recommended parole
619	619	approval rates.
620	620	(e) A peer review panel shall provide the presiding officer
621	621	with a copy of any recommendations made under Subsection (d)(3).
622	622	(f) A regional office under review shall develop and submit
623	623	to the presiding officer for consideration and approval a plan to
624	624	implement recommendations made to the office under Subsection
625	625	(d)(3).
626	626	SECTION 17. Section 508.1445(b), Government Code, is
627	627	amended to read as follows:
628	628	(b) The report must include:
629	629	(1) a brief explanation of the parole guidelines,
630	630	including how the board:
631	631	(A) defines the risk factors and offense severity
632	632	levels; and
633	633	(B) determines the range of recommended parole
634	634	approval rates for each guideline score;
635	635	(2) a comparison of the range of recommended parole
636	636	approval rates under the parole guidelines to the actual approval
637	637	rates for individual parole panel members, regional offices, and
638	638	the state as a whole; [and]
639	639	(3) a description of instances in which the actual
640	640	parole approval rates do not meet the range of recommended parole
641	641	approval rates under the parole guidelines, an explanation of the
642	642	variations, and a list of actions that the board has taken or will
643	643	take to meet the guidelines; and
644	644	(4) a summary of each peer review panel's
645	645	recommendations and the results of any approved actions taken to
646	646	implement those recommendations, as described by Section
647	647	508.1441(f).
648	648	SECTION 18. The heading to Section 508.152, Government
649	649	Code, is amended to read as follows:
650	650	Sec. 508.152. INDIVIDUAL TREATMENT PLAN [PROPOSED PROGRAM
651	651	OF INSTITUTIONAL PROGRESS].
652	652	SECTION 19. Section 508.152, Government Code, is amended by
653	653	amending Subsections (b) and (d) and adding Subsections (b-1) and
654	654	(b-2) to read as follows:
655	655	(b) The department shall:
656	656	(1) establish for the inmate an individual treatment
657	657	plan [a proposed program of measurable institutional progress]; and
658	658	(2) submit the plan [proposed program] to the board at
659	659	the time of the board's consideration of the inmate's case for
660	660	release.
661	661	(b-1) The department shall include in an inmate's
662	662	individual treatment plan:
663	663	(1) a record of the inmate's institutional progress
664	664	that includes the inmate's participation in any program, including
665	665	an intensive volunteer program as defined by the department;
666	666	(2) the results of any assessment of the inmate,
667	667	including any assessment made using the risk and needs assessment
668	668	instrument adopted under Section 501.0921 and any vocational,
669	669	educational, or substance abuse assessment;
670	670	(3) the dates on which the inmate must participate in
671	671	any subsequent assessment; and
672	672	(4) all of the treatment and programming needs of the
673	673	inmate, prioritized based on the inmate's assessed needs.
674	674	(b-2) At least once in every 12-month period, the department
675	675	shall review each inmate's individual treatment plan to assess the
676	676	inmate's institutional progress and revise or update the plan as
677	677	necessary.
678	678	(d) Before the inmate is approved for release on parole, the
679	679	inmate must agree to participate in the programs and activities
680	680	described by the individual treatment plan [proposed program of
681	681	measurable institutional progress].
682	682	SECTION 20. Section 508.281, Government Code, is amended by
683	683	adding Subsection (e) to read as follows:
684	684	(e) Any hearing required to be conducted by a parole panel
685	685	under this chapter may be conducted by a designated agent of the
686	686	board. The designated agent may make recommendations to a parole
687	687	panel that has responsibility for making a final determination.
688	688	SECTION 21. Chapter 509, Government Code, is amended by
689	689	adding Section 509.0041 to read as follows:
690	690	Sec. 509.0041. USE OF RISK AND NEEDS ASSESSMENT INSTRUMENT.
691	691	The division shall require each department to use the risk and needs
692	692	assessment instrument adopted by the Texas Department of Criminal
693	693	Justice under Section 501.0921 to assess each defendant at the time
694	694	of the defendant's initial placement on community supervision and
695	695	at other times as required by the comprehensive reentry and
696	696	reintegration plan adopted under Section 501.092.
697	697	SECTION 22. Section 509.010(b), Government Code, is amended
698	698	to read as follows:
699	699	(b) Before the 30th day before the date of the meeting, the
700	700	division, the department that the facility is to serve, or a vendor
701	701	proposing to operate the facility shall:
702	702	(1) publish by advertisement that is not less than
703	703	3-1/2 inches by 5 inches notice of the date, hour, place, and
704	704	subject of the hearing required by Subsection (a) in three
705	705	consecutive issues of a newspaper of, or in newspapers that
706	706	collectively have, general circulation in the county in which the
707	707	proposed facility is to be located; and
708	708	(2) mail a copy of the notice to each police chief,
709	709	sheriff, city council member, mayor, county commissioner, county
710	710	judge, school board member, state representative, and state senator
711	711	who serves or represents the area in which the proposed facility is
712	712	to be located, unless the proposed facility has been previously
713	713	authorized to operate at a particular location as part of a
714	714	community justice plan submitted by a community justice council
715	715	under Section 509.007 [76.003].
716	716	SECTION 23. Section 509.011(a), Government Code, is amended
717	717	to read as follows:
718	718	(a) If the division determines that a department complies
719	719	with division standards and if the community justice council has
720	720	submitted a community justice plan under Section 509.007 [76.003]
721	721	and the supporting information required by the division and the
722	722	division determines the plan and supporting information are
723	723	acceptable, the division shall prepare and submit to the
724	724	comptroller vouchers for payment to the department as follows:
725	725	(1) for per capita funding, a per diem amount for each
726	726	felony defendant directly supervised by the department pursuant to
727	727	lawful authority;
728	728	(2) for per capita funding, a per diem amount for a
729	729	period not to exceed 182 days for each defendant supervised by the
730	730	department pursuant to lawful authority, other than a felony
731	731	defendant; and
732	732	(3) for formula funding, an annual amount as computed
733	733	by multiplying a percentage determined by the allocation formula
734	734	established under Subsection (f) times the total amount provided in
735	735	the General Appropriations Act for payments under this subdivision.
736	736	SECTION 24. Chapter 509, Government Code, is amended by
737	737	adding Sections 509.013 and 509.014 to read as follows:
738	738	Sec. 509.013. GRANT PROGRAM ADMINISTRATION. (a) In this
739	739	section, "grant program" means a grant program administered by the
740	740	division through which the division awards grants to departments
741	741	through an application process.
742	742	(b) The division shall:
743	743	(1) establish goals for each grant program that are
744	744	consistent with the purposes described by Section 509.002 and the
745	745	mission of the division;
746	746	(2) establish grant application, review, award, and
747	747	evaluation processes;
748	748	(3) establish the process by which and grounds on
749	749	which an applicant may appeal a decision of the division regarding a
750	750	grant application;
751	751	(4) establish and maintain a system to routinely
752	752	monitor grant performance;
753	753	(5) establish and make available to the public:
754	754	(A) all criteria used in evaluating grant
755	755	applications; and
756	756	(B) all factors used to measure grant program
757	757	performance;
758	758	(6) publish on the division's Internet website for
759	759	each grant awarded:
760	760	(A) the amount awarded;
761	761	(B) the method used in scoring the grant
762	762	applications and the results of that scoring; and
763	763	(C) additional information describing the
764	764	methods used to make the funding determination; and
765	765	(7) require each department to submit
766	766	program-specific outcome data for the division's use in making
767	767	grant awards and funding decisions.
768	768	Sec. 509.014. STUDY REGARDING PERFORMANCE-BASED FUNDING.
769	769	(a) The division shall:
770	770	(1) review the funding formulas specified under
771	771	Section 509.011 and study the feasibility of adopting
772	772	performance-based funding formulas, including whether the formulas
773	773	should take into consideration an offender's risk level or other
774	774	appropriate factors in allocating funding; and
775	775	(2) make recommendations for modifying the current
776	776	funding formulas.
777	777	(b) In conducting the study and making recommendations
778	778	under Subsection (a), the division shall:
779	779	(1) seek input from departments, the judicial advisory
780	780	council established under Section 493.003(b), and other relevant
781	781	interest groups; and
782	782	(2) in consultation with the Legislative Budget Board,
783	783	determine the impact of any recommendations on the allocation of
784	784	the division's funds as projected by the Legislative Budget Board.
785	785	(c) The division shall include in the reports prepared under
786	786	Sections 509.004(c) and 509.016(c):
787	787	(1) the findings of the study;
788	788	(2) any recommendations regarding modifying the
789	789	funding formulas; and
790	790	(3) the projected impact of the recommendations on the
791	791	allocation of the division's funds.
792	792	SECTION 25. Article 42.01, Code of Criminal Procedure, is
793	793	amended by adding Section 11 to read as follows:
794	794	Sec. 11. In addition to the information described by
795	795	Section 1, the judgment should reflect whether a victim impact
796	796	statement was returned to the attorney representing the state
797	797	pursuant to Article 56.03(e).
798	798	SECTION 26. Article 56.03(e), Code of Criminal Procedure,
799	799	is amended to read as follows:
800	800	(e) Prior to the imposition of a sentence by the court in a
801	801	criminal case, the court[, if it has received a victim impact
802	802	statement,] shall, as applicable in the case, inquire as to whether
803	803	a victim impact statement has been returned to the attorney
804	804	representing the state and, if a victim impact statement has been
805	805	returned to the attorney representing the state, consider the
806	806	information provided in the statement. Before sentencing the
807	807	defendant, the court shall permit the defendant or the defendant's
808	808	[his] counsel a reasonable time to read the statement, excluding
809	809	the victim's name, address, and telephone number, comment on the
810	810	statement, and, with the approval of the court, introduce testimony
811	811	or other information alleging a factual inaccuracy in the
812	812	statement. If the court sentences the defendant to a term of
813	813	community supervision, the attorney representing the state [court]
814	814	shall forward any victim's impact statement received in the case to
815	815	the community supervision and corrections department supervising
816	816	the defendant[, along with the papers in the case].
817	817	SECTION 27. Article 56.04, Code of Criminal Procedure, is
818	818	amended by adding Subsection (d-1) and amending Subsection (e) to
819	819	read as follows:
820	820	(d-1) The victim services division of the Texas Department
821	821	of Criminal Justice, in consultation with the Board of Pardons and
822	822	Paroles, law enforcement agencies, prosecutors' offices, and other
823	823	participants in the criminal justice system, shall develop
824	824	recommendations to ensure that completed victim impact statements
825	825	are submitted to the Texas Department of Criminal Justice as
826	826	provided by this chapter.
827	827	(e) On inquiry by the court, the attorney representing the
828	828	state [The victim assistance coordinator] shall make available
829	829	[send] a copy of a victim impact statement for consideration by [to]
830	830	the court sentencing the defendant. If the court sentences the
831	831	defendant to imprisonment in the Texas Department of Criminal
832	832	Justice, the court [it] shall attach the copy of the victim impact
833	833	statement to the commitment papers.
834	834	SECTION 28. Chapter 19, Education Code, is amended by
835	835	adding Section 19.0022 to read as follows:
836	836	Sec. 19.0022. SUNSET PROVISION. The Windham School District
837	837	is subject to review under Chapter 325, Government Code (Texas
838	838	Sunset Act). The district shall be reviewed during the period in
839	839	which the Texas Department of Criminal Justice is reviewed.
840	840	SECTION 29. Section 19.0041, Education Code, is amended to
841	841	read as follows:
842	842	Sec. 19.0041. PROGRAM DATA COLLECTION AND BIENNIAL
843	843	EVALUATION AND REPORT [OF TRAINING SERVICES]. (a) To evaluate the
844	844	effectiveness of its programs [training services provided to
845	845	persons confined or imprisoned in the department], the Windham
846	846	School District shall [consult with the Legislative Budget Board
847	847	to] compile and analyze information for each of its programs,
848	848	including performance-based information and data related to
849	849	academic, vocational training, and life skills programs [person who
850	850	receives the training services]. This information shall include for
851	851	each person who participates in district programs an evaluation of:
852	852	(1) institutional disciplinary violations;
853	853	(2) subsequent arrests;
854	854	(3) subsequent convictions or confinements;
855	855	(4) the cost of confinement;
856	856	(5) educational achievement;
857	857	(6) high school equivalency examination passage;
858	858	(7) the kind of training services provided;
859	859	(8) [(2)] the kind of employment the person obtains on
860	860	release;
861	861	(9) [(3)] whether the employment was related to
862	862	training;
863	863	(10) [(4)] the difference between the amount of the
864	864	person's earnings on the date employment is obtained following
865	865	release and the amount of those earnings on the first anniversary of
866	866	that date; and
867	867	(11) [(5)] the retention factors associated with the
868	868	employment.
869	869	(b) The Windham School District shall use the information
870	870	compiled and analyzed under Subsection (a) to biennially:
871	871	(1) evaluate whether its programs meet the goals under
872	872	Section 19.003 and make changes to the programs as necessary; and
873	873	(2) [Legislative Budget Board shall] submit a [an
874	874	annual] report to the board, the legislature, and the governor's
875	875	office [based on data compiled and analyzed under Subsection (a)].
876	876	(c) The Windham School District may enter into a memorandum
877	877	of understanding with the department, the Department of Public
878	878	Safety, and the Texas Workforce Commission to obtain and share data
879	879	necessary to evaluate district programs.
880	880	SECTION 30. The following provisions of the Government Code
881	881	are repealed:
882	882	(1) Section 493.009(i);
883	883	(2) Section 501.100; and
884	884	(3) Sections 501.148(c) and (d).
885	885	SECTION 31. Not later than October 1, 2013, each facility
886	886	under the oversight of the correctional institutions division of
887	887	the Texas Department of Criminal Justice shall establish a case
888	888	management committee as required by Section 493.031, Government
889	889	Code, as added by this Act.
890	890	SECTION 32. Not later than January 1, 2014:
891	891	(1) the Texas Department of Criminal Justice shall
892	892	adopt the comprehensive reentry and reintegration plan required by
893	893	Section 501.092, Government Code, as amended by this Act; and
894	894	(2) the executive director of the Texas Department of
895	895	Criminal Justice shall appoint representatives to serve on the
896	896	reentry task force as required by Section 501.098, Government Code,
897	897	as amended by this Act.
898	898	SECTION 33. Not later than September 1, 2016, the Texas
899	899	Department of Criminal Justice shall submit the first report
900	900	required by Section 501.092(i), Government Code, as added by this
901	901	Act.
902	902	SECTION 34. (a) Not later than January 31, 2014, the
903	903	governor shall appoint to the Correctional Managed Health Care
904	904	Committee one member from each of the first two medical schools, so
905	905	as to comply with the membership requirements of Section
906	906	501.133(a)(4), Government Code, as amended by this Act, based on an
907	907	alphabetical listing of the names of the medical schools.
908	908	(b) Not later than January 31, 2014, the governor shall
909	909	appoint to the Correctional Managed Health Care Committee two
910	910	members who are licensed health professionals, so as to comply with
911	911	the membership requirements of Section 501.133(a)(5), Government
912	912	Code, as added by this Act.
913	913	(c) Notwithstanding the terms of the members as provided by
914	914	Section 501.136(a), Government Code, as added by this Act, the
915	915	terms of the members appointed under this section expire February
916	916	1, 2017.
917	917	SECTION 35. Not later than the 30th day after the end of the
918	918	first quarter of fiscal year 2014, the Texas Department of Criminal
919	919	Justice shall submit the first report required by Section 501.1471,
920	920	Government Code, as added by this Act.
921	921	SECTION 36. Section 508.1411, Government Code, as added by
922	922	this Act, applies only to a decision of a parole panel made on or
923	923	after November 1, 2013. A decision of a parole panel made before
924	924	November 1, 2013, is governed by the law in effect immediately
925	925	before the effective date of this Act, and the former law is
926	926	continued in effect for that purpose.
927	927	SECTION 37. Not later than January 1, 2014, the Board of
928	928	Pardons and Paroles shall:
929	929	(1) establish the range of recommended parole approval
930	930	rates required by Section 508.144(a), Government Code, as amended
931	931	by this Act; and
932	932	(2) develop and begin implementation of the peer
933	933	review process required by Section 508.1441, Government Code, as
934	934	added by this Act.
935	935	SECTION 38. Not later than January 1, 2014, the community
936	936	justice assistance division of the Texas Department of Criminal
937	937	Justice shall adopt forms, establish procedures, and take other
938	938	actions necessary to comply with the requirements of Section
939	939	509.013, Government Code, as added by this Act.
940	940	SECTION 39. Not later than January 1, 2017, the community
941	941	justice assistance division of the Texas Department of Criminal
942	942	Justice shall include in the reports submitted under Sections
943	943	509.004(c) and 509.016(c), Government Code, the findings,
944	944	recommendations, and projected impact of recommendations from the
945	945	first study conducted under Section 509.014, Government Code, as
946	946	added by this Act.
947	947	SECTION 40. Before January 1, 2014, the victim services
948	948	division of the Texas Department of Criminal Justice shall develop
949	949	the recommendations required by Article 56.04(d-1), Code of
950	950	Criminal Procedure, as added by this Act.
951	951	SECTION 41. This Act takes effect September 1, 2013.