Texas 2019 - 86th Regular

Texas House Bill HB2158 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R29257~~ JRR-F
	1	+	86R8295 JRR-F
2	2		By: White H.B. No. 2158
3		-	Substitute the following for H.B. No. 2158:
4		-	By: Bowers C.S.H.B. No. 2158
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9		-	relating to ~~the availability of peer support~~ services ~~in facilities~~
10		-	~~operated by or under contract with~~ the ~~Texas Department~~ of ~~Criminal~~
11		-	~~Justice~~.
	7	+	relating to certain programs and services for inmates and state
	8	+	jail felony defendants, including the creation of a work release
	9	+	program and the availability of peer support services.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	11		SECTION 1. Chapter 493, Government Code, is amended by
14		-	adding Section 493.032 to read as follows:
15		-	Sec. 493.032. AVAILABILITY OF PEER SUPPORT SERVICES. (a)
	12	+	adding Sections 493.032 and 493.033 to read as follows:
	13	+	Sec. 493.032. WORK RELEASE PROGRAM. (a) In this section,
	14	+	"work release program" means a program that allows inmates and
	15	+	state jail felony defendants to work at paid employment in the
	16	+	community while continuing to serve a term of confinement in a
	17	+	facility operated by or under contract with the department.
	18	+	(b) The department shall establish a work release program at
	19	+	select state jail felony facilities that are located near urban
	20	+	areas of this state. Notwithstanding any other law, an inmate
	21	+	participating in a work release program may be housed in a state
	22	+	jail felony facility.
	23	+	(c) The board shall adopt rules to implement and administer
	24	+	this section, including rules establishing:
	25	+	(1) eligibility criteria for participation in a work
	26	+	release program;
	27	+	(2) procedures for identifying inmates and state jail
	28	+	felony defendants who are eligible to participate in a work release
	29	+	program; and
	30	+	(3) criteria for selecting work release program
	31	+	participants.
	32	+	(d) The eligibility criteria established under Subsection
	33	+	(c)(1) must, at a minimum, provide that:
	34	+	(1) an inmate is not eligible to participate in a work
	35	+	release program unless:
	36	+	(A) the inmate:
	37	+	(i) has a presumptive parole date, as that
	38	+	term is defined by Section 499.001, that is not more than two years
	39	+	from the date of the inmate's application to participate in the
	40	+	program; or
	41	+	(ii) is scheduled to be discharged, or will
	42	+	be eligible for release on mandatory supervision, on a date that is
	43	+	not more than two years from the date of the inmate's application to
	44	+	participate in the program;
	45	+	(B) the inmate has demonstrated good behavior and
	46	+	has not been the subject of any disciplinary actions during the
	47	+	period specified by board rule; and
	48	+	(C) the inmate has diligently participated in an
	49	+	educational, vocational, treatment, or work program during the
	50	+	period specified by board rule; and
	51	+	(2) a state jail felony defendant is not eligible to
	52	+	participate in a work release program unless the defendant has:
	53	+	(A) demonstrated good behavior and has not been
	54	+	the subject of any disciplinary actions during the period specified
	55	+	by board rule; and
	56	+	(B) diligently participated in an educational,
	57	+	vocational, treatment, or work program during the period specified
	58	+	by board rule.
	59	+	(e) An employer of a work release program participant shall
	60	+	pay the participant's salary to the department. The department:
	61	+	(1) shall deposit not less than 50 percent of the
	62	+	participant's net earnings during a pay period into a special fund
	63	+	to be given to the participant on the participant's discharge or
	64	+	release on parole or to mandatory supervision, as applicable; and
	65	+	(2) may deduct from the participant's net earnings
	66	+	during a pay period as follows:
	67	+	(A) not more than 25 percent of the earnings for
	68	+	the purpose of reimbursing the department for costs associated with
	69	+	the work release program, including transportation costs, costs of
	70	+	any additional security provided while the participant is in the
	71	+	community, and costs of any additional programming or services
	72	+	described by Subsection (f); and
	73	+	(B) any amount from the remainder of the earnings
	74	+	as necessary to pay any court-ordered financial obligations of the
	75	+	participant, including child support or restitution to the victim
	76	+	of an offense committed by the participant.
	77	+	(f) The department may provide additional programming and
	78	+	services to work release program participants, including reentry
	79	+	and reintegration services and access to peer support services as
	80	+	described by Section 493.033.
	81	+	(g) In administering a work release program established
	82	+	under this section, the department shall work with the local
	83	+	business community to expand opportunities for future program
	84	+	participants and shall give special consideration to businesses
	85	+	that pay a competitive wage and have a history of employing and
	86	+	retaining individuals who have criminal records.
	87	+	(h) The department shall maintain a record of employment
	88	+	rates, retention rates, pay rates, and recidivism rates of current
	89	+	and former work release program participants and shall annually
	90	+	publish that information on the department's Internet website.
	91	+	Sec. 493.033. AVAILABILITY OF PEER SUPPORT SERVICES. (a)
16	92		The department shall adopt a policy to increase the availability of
17	93		formal and informal peer support services, including certified peer
18	94		specialist services, to a person confined in a facility operated by
19	95		or under contract with the department, including a state jail
20	96		felony facility, substance abuse felony punishment facility, or
21	97		intermediate sanction facility.
22	98		(b) The policy adopted under Subsection (a) must:
23	99		(1) allow for persons who have previously been
24	100		convicted of an offense, including releasees on parole or mandatory
25	101		supervision and defendants on community supervision, to serve as
26	102		certified peer specialists in a facility described by Subsection
27	103		(a);
28	104		(2) specify the conditions under which a person
29	105		described by Subdivision (1) may serve as a certified peer
30	106		specialist; and
31	107		(3) allow for persons confined in a facility described
32	108		by Subsection (a) to serve in a peer support role, provided that the
33	109		persons are trained and supervised by a community-based
34	110		organization described by Subsection (c).
35	111		(c) In implementing the policy adopted under Subsection
36	112		(a), the department shall:
37	113		(1) collaborate with community-based organizations
38	114		that provide peer specialist training, including training in any of
39	115		the following peer support specialties:
40	116		(A) certified peer specialist;
41	117		(B) certified peer reentry specialist;
42	118		(C) certified peer recovery specialist; or
43	119		(D) any other peer support specialty recognized
44	120		by the Health and Human Services Commission; and
45	121		(2) encourage and assist persons described by
46	122		Subsection (b)(3), with particular emphasis on persons who have
47	123		been involved with programs or services relating to substance abuse
48	124		or behavioral health, to participate in training described by
49	125		Subdivision (1).
50	126		SECTION 2. Not later than September 1, 2020, the Texas
51		-	Department of Criminal Justice shall adopt and implement the policy
52		-	required by Section 493.032, Government Code, as added by this Act.
	127	+	Department of Criminal Justice shall:
	128	+	(1) establish the work release program required by
	129	+	Section 493.032, Government Code, as added by this Act; and
	130	+	(2) adopt and implement the policy required by Section
	131	+	493.033, Government Code, as added by this Act.
53	132		SECTION 3. This Act takes effect immediately if it receives
54	133		a vote of two-thirds of all the members elected to each house, as
55	134		provided by Section 39, Article III, Texas Constitution. If this
56	135		Act does not receive the vote necessary for immediate effect, this
57	136		Act takes effect September 1, 2019.