Texas 2017 - 85th Regular

Texas Senate Bill SB1011 Compare Versions

Only one version of the bill is available at this time.

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1	1	85R6315 MAW-D
2	2	By: Huffman S.B. No. 1011
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of an educational and vocational
8	8	training pilot program for certain state jail felony defendants.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter L, Chapter 42A, Code of Criminal
11	11	Procedure, is amended by adding Article 42A.562 to read as follows:
12	12	Art. 42A.562. PLACEMENT ON COMMUNITY SUPERVISION;
13	13	EDUCATIONAL AND VOCATIONAL TRAINING PILOT PROGRAM. (a) A judge
14	14	assessing punishment in a state jail felony case may suspend the
15	15	imposition of the sentence and place the defendant on community
16	16	supervision with the conditions that the defendant:
17	17	(1) submit at the beginning of the term of community
18	18	supervision to confinement in a state jail felony facility for a
19	19	term of 90 days; and
20	20	(2) participate in a program operated under Section
21	21	507.007, Government Code.
22	22	(b) Notwithstanding Article 42A.559(c), the judge shall
23	23	credit against the time the defendant is required to serve under
24	24	Subsection (a)(1) time the defendant served in a county jail from
25	25	the time of the defendant's arrest until sentencing.
26	26	(c) Notwithstanding the minimum period of community
27	27	supervision provided by Article 42A.553(a), a judge placing a
28	28	defendant on community supervision under this article shall impose
29	29	a period of community supervision of 270 days.
30	30	(d) After receiving a notification from the Texas
31	31	Department of Criminal Justice under Section 507.008, Government
32	32	Code, that the department has determined that a defendant confined
33	33	as required by Subsection (a)(1) is not eligible to participate in
34	34	the program described by Subsection (a)(2), the judge shall:
35	35	(1) modify the defendant's conditions to remove the
36	36	defendant's scheduled participation in the program; or
37	37	(2) file a statement of the judge's reasons for not
38	38	modifying the condition as described by Subdivision (1) with the
39	39	papers in the case.
40	40	SECTION 2. Subchapter A, Chapter 507, Government Code, is
41	41	amended by adding Sections 507.007 and 507.008 to read as follows:
42	42	Sec. 507.007. EDUCATIONAL AND VOCATIONAL TRAINING PILOT
43	43	PROGRAM. (a) The department shall establish a pilot program to
44	44	provide educational and vocational training, employment, and
45	45	reentry services to defendants placed on community supervision and
46	46	required to serve a term of confinement in a state jail felony
47	47	facility under Article 42A.562, Code of Criminal Procedure.
48	48	(b) The department, in consultation with interested
49	49	parties, shall determine the eligibility criteria for a defendant
50	50	to participate in the pilot program, including requiring the
51	51	defendant to:
52	52	(1) cooperate with the department for purposes of
53	53	completing the risk and needs assessment instrument adopted under
54	54	Section 501.0921; and
55	55	(2) arrange for suitable housing while participating
56	56	in the program.
57	57	(c) The department, in consultation with interested
58	58	parties, shall determine four locations in this state in which the
59	59	pilot program will operate. In determining the locations, the
60	60	department shall consider locating the program in various regions
61	61	throughout the state, including locations having a variety of
62	62	population sizes. The department shall also give consideration to
63	63	the degree to which local judges show support for the establishment
64	64	of the program in a particular location.
65	65	(d) The department shall issue a request for proposals from
66	66	public or private entities to provide services through the pilot
67	67	program. The department shall select one or more qualified
68	68	applicants to provide services through the pilot program to
69	69	eligible defendants.
70	70	(e) The pilot program consists of 180 days of
71	71	employment-related services and support and must include:
72	72	(1) an initial period of 90 days during which the
73	73	defendant will:
74	74	(A) receive training and education related to the
75	75	defendant's vocational goals; and
76	76	(B) be employed by the provider;
77	77	(2) job placement services designed to provide
78	78	employment for the defendant after the period described by
79	79	Subdivision (1);
80	80	(3) assistance in obtaining a high school diploma or
81	81	industry certification for applicable defendants;
82	82	(4) life-skills training, including information about
83	83	budgeting and money management; and
84	84	(5) counseling and mental health services.
85	85	(f) The department shall use the cost savings to the
86	86	department as a result of the release of defendants on community
87	87	supervision under Article 42A.562, Code of Criminal Procedure, to
88	88	pay providers not less than $40 per day for each participant.
89	89	Sec. 507.008. IDENTIFICATION OF PILOT PROGRAM
90	90	PARTICIPANTS. (a) As soon as practicable after a defendant
91	91	required to submit to confinement under Article 42A.562(a)(1), Code
92	92	of Criminal Procedure, is received into the custody of a state jail
93	93	felony facility, the department shall assess the defendant with the
94	94	risk and needs assessment instrument adopted under Section 501.0921
95	95	to assess the defendant's suitability for participation in the
96	96	pilot program established under Section 507.007.
97	97	(b) Not later than the 20th day before the date the
98	98	defendant will complete the term of confinement imposed under
99	99	Article 42A.562(a)(1), Code of Criminal Procedure, the department
100	100	shall:
101	101	(1) determine, based on the results of the assessment
102	102	conducted under Subsection (a), the defendant's conduct while
103	103	confined, and any other relevant information, whether the defendant
104	104	meets the eligibility criteria for participation in the pilot
105	105	program established under Section 507.007; and
106	106	(2) if the department determines that the defendant is
107	107	not eligible, notify the sentencing court of that fact.
108	108	SECTION 3. Not later than June 1, 2018, the Texas Department
109	109	of Criminal Justice shall establish the pilot program required by
110	110	Section 507.007, Government Code, as added by this Act.
111	111	SECTION 4. Article 42A.562, Code of Criminal Procedure, as
112	112	added by this Act, applies only to a defendant who receives a
113	113	sentence of confinement in a state jail on or after June 1, 2018. A
114	114	defendant who receives a sentence of confinement in a state jail
115	115	before June 1, 2018, is governed by the law in effect immediately
116	116	before the effective date of this Act, and the former law is
117	117	continued in effect for that purpose.
118	118	SECTION 5. This Act takes effect September 1, 2017.