By: Parker, et al. (Senate Sponsor - Huffman) H.B. No. 3130
(In the Senate - Received from the House May 3, 2017;
May 4, 2017, read first time and referred to Committee on Criminal
Justice; May 17, 2017, reported favorably by the following vote:
Yeas 8, Nays 0; May 17, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of an educational and vocational
training pilot program for certain state jail felony defendants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter L, Chapter 42A, Code of Criminal
Procedure, is amended by adding Article 42A.562 to read as follows:
Art. 42A.562. PLACEMENT ON COMMUNITY SUPERVISION;
EDUCATIONAL AND VOCATIONAL TRAINING PILOT PROGRAM. (a) Except as
provided by Subsection (b), a judge assessing punishment in a state
jail felony case may suspend the imposition of the sentence and
place the defendant on community supervision with the conditions
that the defendant:
(1) submit at the beginning of the term of community
supervision to confinement in a state jail felony facility for a
term not to exceed 90 days; and
(2) participate in a program operated under Section
507.007, Government Code.
(b) A judge may not place a defendant on community
supervision under this article if the defendant is or has
previously been convicted of an offense under Title 5, Penal Code.
(c) Before a judge may place a defendant on community
supervision under this article, the defendant must be assessed
using the risk and needs assessment instrument adopted under
Section 501.0921, Government Code, or a similar instrument that
takes into consideration the defendant's prior criminal history.
(d) Notwithstanding Article 42A.559(c), the judge shall
credit against the time the defendant is required to serve under
Subsection (a)(1) time the defendant served in a county jail from
the time of the defendant's arrest until sentencing.
(e) Notwithstanding the minimum period of community
supervision provided by Article 42A.553(a), a judge placing a
defendant on community supervision under this article shall impose
a period of community supervision not to exceed 270 days.
(f) A defendant placed on community supervision under this
article must participate fully in the program described by
Subsection (a)(2). The provisions of Subchapter P authorizing the
judge to revoke a defendant's community supervision or otherwise
sanction the defendant apply with respect to a defendant who
violates the requirement of this subsection.
SECTION 2. Subchapter A, Chapter 507, Government Code, is
amended by adding Section 507.007 to read as follows:
Sec. 507.007. EDUCATIONAL AND VOCATIONAL TRAINING PILOT
PROGRAM. (a) The department shall establish a pilot program to
provide educational and vocational training, employment, and
reentry services to defendants placed on community supervision and
required to serve a term of confinement in a state jail felony
facility under Article 42A.562, Code of Criminal Procedure.
(b) The department, in consultation with interested
parties, shall determine the eligibility criteria for a defendant
to participate in the pilot program, including requiring the
defendant to arrange for suitable housing while participating in
the program.
(c) The department, in consultation with interested
parties, shall determine not more than four locations in this state
in which the pilot program will operate. In determining the
locations, the department shall consider locating the program in
various regions throughout the state, including locations having a
variety of population sizes. The department shall also give
consideration to whether a risk and needs assessment is generally
conducted before sentencing defendants in a particular location and
to the degree to which local judges show support for the
establishment of the program in a particular location.
(d) The department shall issue a request for proposals from
public or private entities to provide services through the pilot
program. The department shall select one or more qualified
applicants to provide services through the program to eligible
defendants.
(e) The pilot program consists of approximately 180 days of
employment-related services and support and must include:
(1) an initial period during which the defendant will:
(A) receive training and education related to the
defendant's vocational goals; and
(B) be employed by the provider;
(2) job placement services designed to provide
employment for the defendant after the period described by
Subdivision (1);
(3) assistance in obtaining a high school diploma or
industry certification for applicable defendants;
(4) life-skills training, including information about
budgeting and money management; and
(5) counseling and mental health services.
(f) The department shall limit the number of defendants who
may participate in the program to not more than 45 defendants per
quarter per program location.
(g) The department shall pay providers not less than $40 per
day for each participant.
SECTION 3. Not later than September 1, 2019, the Texas
Department of Criminal Justice shall establish the pilot program
required by Section 507.007, Government Code, as added by this Act.
SECTION 4. Article 42A.562, Code of Criminal Procedure, as
added by this Act, applies only to a defendant who receives a
sentence of confinement in a state jail on or after September 1,
2019. A defendant who receives a sentence of confinement in a state
jail before September 1, 2019, 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. This Act takes effect September 1, 2017.
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