By: Parker, et al. (Senate Sponsor - Huffman) H.B. No. 2352
(In the Senate - Received from the House May 17, 2021;
May 18, 2021, read first time and referred to Committee on Criminal
Justice; May 24, 2021, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
May 24, 2021, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 2352 By: Huffman
A BILL TO BE ENTITLED
AN ACT
relating to an educational and vocational training pilot program
for certain state jail felony defendants and certain inmates
released on parole; changing parole eligibility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 42A.562(a) and (f), Code of Criminal
Procedure, are amended to read as follows:
(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 condition [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
493.034 [507.007], Government Code.
(f) A defendant placed on community supervision under this
article must participate fully in the program described by
Subsection (a) [(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 C, Chapter 72, Government Code, is
amended by adding Section 72.036 to read as follows:
Sec. 72.036. TRAINING ON EDUCATIONAL AND VOCATIONAL
TRAINING PILOT PROGRAM. The office shall develop and annually
provide a training program to educate and inform judges on the
components of the pilot program established under Section 493.034.
SECTION 3. Section 507.007, Government Code, is transferred
to Chapter 493, Government Code, redesignated as Section 493.034,
Government Code, and amended to read as follows:
Sec. 493.034 [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:
(1) 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; and
(2) inmates released on parole who are required to
participate in the program as a condition of parole imposed under
Section 508.1455.
(b) The department, in consultation with interested
parties, shall determine the eligibility criteria for a defendant
or inmate to participate in the pilot program, including requiring
the defendant or inmate to arrange for suitable housing while
participating in the program.
(c) The department, in consultation with interested
parties, shall identify at least two and [determine] not more than
four sites [locations] in this state in which the pilot program will
operate. In identifying [determining] the sites [locations], the
department shall consider locating the program in various regions
throughout the state, including locations having a variety of
population sizes, provided that the department shall select sites
based on where the program will have the greatest likelihood of
success and regardless of geographic region or population size.
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 and inmates.
(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 or
inmate will:
(A) receive training and education related to the
defendant's or inmate's vocational goals; and
(B) be employed by the provider;
(2) job placement services designed to provide
employment for the defendant or inmate after the period described
by Subdivision (1);
(3) assistance in obtaining a high school diploma or
industry certification for applicable defendants and inmates;
(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 and
inmates who may participate in the pilot program to not more than 45
individuals [defendants] per quarter per program location.
(g) The department shall pay providers not less than $40 per
day for each participant.
SECTION 4. Subchapter E, Chapter 508, Government Code, is
amended by adding Section 508.1455 to read as follows:
Sec. 508.1455. EARLY RELEASE ON PAROLE FOR CERTAIN INMATES
REQUIRED TO PARTICIPATE IN EDUCATIONAL AND VOCATIONAL TRAINING
PILOT PROGRAM. (a) This section applies only to an inmate:
(1) who is serving a sentence for an offense under
Chapter 481, Health and Safety Code, that is punishable as a felony
of the third degree;
(2) who has not previously been convicted of a felony
under Title 5, Penal Code, or under Chapter 43 or 71 of that code;
and
(3) whose eligibility for parole is computed under
Section 508.145(f).
(b) Notwithstanding any other law, a parole panel may
release on parole an inmate described by Subsection (a)
approximately 180 days before the date the inmate would be eligible
for release on parole under Section 508.145(f).
(c) A parole panel releasing an inmate on parole under this
section shall require as a condition of release on parole that the
inmate participate in a program operated under Section 493.034, to
begin immediately following the inmate's release on parole.
(d) For purpose of consideration by a parole panel for early
release on parole under Subsection (b), the department shall
annually identify not fewer than 100 inmates described by
Subsection (a) who are suitable candidates for participation in a
program operated under Section 493.034. The board and the
department shall jointly adopt rules for identifying inmates under
this subsection. The rules must require the board or the department
to notify an inmate that the inmate is being considered for release
on parole under this section.
(e) The board shall adopt rules governing the release of an
inmate on parole under this section.
(f) An inmate who is considered for but not granted release
on parole under this section shall be considered for release on
parole on the date that the inmate otherwise would have been
considered for release on parole under this chapter.
SECTION 5. Article 42A.562(d), Code of Criminal Procedure,
is repealed.
SECTION 6. The change in law made by this Act applies to any
inmate who is confined in a facility operated by or under contract
with the Texas Department of Criminal Justice on or after the
effective date of this Act, regardless of whether the offense for
which the inmate is confined occurred before, on, or after the
effective date of this Act.
SECTION 7. The Texas Department of Criminal Justice is
required to implement a provision of this Act only if the
legislature appropriates money specifically for that purpose. If
the legislature does not appropriate money specifically for that
purpose, the department may, but is not required to, implement a
provision of this Act using other appropriations available for that
purpose.
SECTION 8. This Act takes effect September 1, 2021.
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