By: Howard, et al. (Senate Sponsor - Huffman) H.B. No. 3227
(In the Senate - Received from the House April 23, 2019;
April 24, 2019, read first time and referred to Committee on
Criminal Justice; May 16, 2019, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 6, Nays 0;
May 16, 2019, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 3227 By: Whitmire
A BILL TO BE ENTITLED
AN ACT
relating to the availability of and access to certain programs and
services for persons in the custody of the Texas Department of
Criminal Justice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 493, Government Code, is amended by
adding Section 493.032 to read as follows:
Sec. 493.032. AVAILABILITY OF PEER SUPPORT SERVICES. (a)
The department shall adopt a policy to increase the availability of
formal and informal peer support services, including certified peer
specialist services, to a person confined in a facility operated by
or under contract with the department, including a state jail
felony facility, substance abuse felony punishment facility, or
intermediate sanction facility.
(b) The policy adopted under Subsection (a) must:
(1) allow for persons who have previously been
convicted of an offense, including releasees on parole or mandatory
supervision and defendants on community supervision, to serve as
certified peer specialists in a facility described by Subsection
(a);
(2) specify the conditions under which a person
described by Subdivision (1) may serve as a certified peer
specialist; and
(3) allow for persons confined in a facility described
by Subsection (a) to serve in a peer support role, provided that the
persons are trained and supervised by a community-based
organization described by Subsection (c).
(c) In implementing the policy adopted under Subsection
(a), the department shall:
(1) collaborate with community-based organizations
that provide peer specialist training, including training in any of
the following peer support specialties:
(A) certified peer specialist;
(B) certified peer reentry specialist;
(C) certified peer recovery specialist; or
(D) any other peer support specialty recognized
by the Health and Human Services Commission; and
(2) encourage and assist persons described by
Subsection (b)(3), with particular emphasis on persons who have
been involved with programs or services relating to substance abuse
or behavioral health, to participate in training described by
Subdivision (1).
SECTION 2. Subchapter A, Chapter 501, Government Code, is
amended by adding Section 501.026 to read as follows:
Sec. 501.026. ACCESS TO PROGRAMS BY FEMALE INMATES. (a)
The department shall develop and implement policies that increase
and promote a female inmate's access to programs offered to inmates
in the custody of the department, including educational,
vocational, substance use treatment, rehabilitation, life skills
training, and prerelease programs. The department may not reduce
or limit a male inmate's access to a program to meet the
requirements of this section.
(b) Not later than December 31 of each year, the department
shall:
(1) prepare and submit to the governor, the lieutenant
governor, the speaker of the house of representatives, each
standing committee of the legislature having primary jurisdiction
over the department, and the reentry task force described by
Section 501.098 a written report that includes:
(A) a description of any department policies that
were created, modified, or eliminated during the preceding year to
meet the requirements of this section; and
(B) a list of programs available to female
inmates in the custody of the department during the preceding year;
and
(2) publish the report on the department's Internet
website.
SECTION 3. Not later than September 1, 2020, the Texas
Department of Criminal Justice shall adopt and implement the policy
required by Section 493.032, Government Code, as added by this Act.
SECTION 4. (a) As soon as practicable after the effective
date of this Act, the Texas Department of Criminal Justice shall
develop and implement the policies required by Section 501.026,
Government Code, as added by this Act.
(b) The Texas Department of Criminal Justice shall submit
the first report required by Section 501.026, Government Code, as
added by this Act, not later than December 31, 2020.
SECTION 5. This Act takes effect September 1, 2019.
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