85R6315 MAW-D
By: Huffman S.B. No. 1011
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) 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 of 90 days; and
(2) participate in a program operated under Section
507.007, Government Code.
(b) 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.
(c) 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 of 270 days.
(d) After receiving a notification from the Texas
Department of Criminal Justice under Section 507.008, Government
Code, that the department has determined that a defendant confined
as required by Subsection (a)(1) is not eligible to participate in
the program described by Subsection (a)(2), the judge shall:
(1) modify the defendant's conditions to remove the
defendant's scheduled participation in the program; or
(2) file a statement of the judge's reasons for not
modifying the condition as described by Subdivision (1) with the
papers in the case.
SECTION 2. Subchapter A, Chapter 507, Government Code, is
amended by adding Sections 507.007 and 507.008 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:
(1) cooperate with the department for purposes of
completing the risk and needs assessment instrument adopted under
Section 501.0921; and
(2) arrange for suitable housing while participating
in the program.
(c) The department, in consultation with interested
parties, shall determine 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
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 pilot program to
eligible defendants.
(e) The pilot program consists of 180 days of
employment-related services and support and must include:
(1) an initial period of 90 days 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 use the cost savings to the
department as a result of the release of defendants on community
supervision under Article 42A.562, Code of Criminal Procedure, to
pay providers not less than $40 per day for each participant.
Sec. 507.008. IDENTIFICATION OF PILOT PROGRAM
PARTICIPANTS. (a) As soon as practicable after a defendant
required to submit to confinement under Article 42A.562(a)(1), Code
of Criminal Procedure, is received into the custody of a state jail
felony facility, the department shall assess the defendant with the
risk and needs assessment instrument adopted under Section 501.0921
to assess the defendant's suitability for participation in the
pilot program established under Section 507.007.
(b) Not later than the 20th day before the date the
defendant will complete the term of confinement imposed under
Article 42A.562(a)(1), Code of Criminal Procedure, the department
shall:
(1) determine, based on the results of the assessment
conducted under Subsection (a), the defendant's conduct while
confined, and any other relevant information, whether the defendant
meets the eligibility criteria for participation in the pilot
program established under Section 507.007; and
(2) if the department determines that the defendant is
not eligible, notify the sentencing court of that fact.
SECTION 3. Not later than June 1, 2018, 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 June 1, 2018. A
defendant who receives a sentence of confinement in a state jail
before June 1, 2018, 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.