Texas 2021 - 87th Regular

Texas House Bill HB2352 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2352
	1	+	By: Parker, et al. (Senate Sponsor - Huffman) H.B. No. 2352
	2	+	(In the Senate - Received from the House May 17, 2021;
	3	+	May 18, 2021, read first time and referred to Committee on Criminal
	4	+	Justice; May 24, 2021, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 7, Nays 0;
	6	+	May 24, 2021, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 2352 By: Huffman
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to an educational and vocational training pilot program
6	14		for certain state jail felony defendants and certain inmates
7	15		released on parole; changing parole eligibility.
8	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	17		SECTION 1. Articles 42A.562(a) and (f), Code of Criminal
10	18		Procedure, are amended to read as follows:
11	19		(a) Except as provided by Subsection (b), a judge assessing
12	20		punishment in a state jail felony case may suspend the imposition of
13	21		the sentence and place the defendant on community supervision with
14	22		the condition [conditions] that the defendant[:
15	23		[(1) submit at the beginning of the term of community
16	24		supervision to confinement in a state jail felony facility for a
17	25		term not to exceed 90 days; and
18	26		[(2)] participate in a program operated under Section
19	27		493.034 [507.007], Government Code.
20	28		(f) A defendant placed on community supervision under this
21	29		article must participate fully in the program described by
22	30		Subsection (a) [(a)(2)]. The provisions of Subchapter P
23	31		authorizing the judge to revoke a defendant's community supervision
24	32		or otherwise sanction the defendant apply with respect to a
25	33		defendant who violates the requirement of this subsection.
26	34		SECTION 2. Subchapter C, Chapter 72, Government Code, is
27	35		amended by adding Section 72.036 to read as follows:
28	36		Sec. 72.036. TRAINING ON EDUCATIONAL AND VOCATIONAL
29	37		TRAINING PILOT PROGRAM. The office shall develop and annually
30	38		provide a training program to educate and inform judges on the
31	39		components of the pilot program established under Section 493.034.
32	40		SECTION 3. Section 507.007, Government Code, is transferred
33	41		to Chapter 493, Government Code, redesignated as Section 493.034,
34	42		Government Code, and amended to read as follows:
35	43		Sec. 493.034 [507.007]. EDUCATIONAL AND VOCATIONAL
36	44		TRAINING PILOT PROGRAM. (a) The department shall establish a pilot
37	45		program to provide educational and vocational training,
38	46		employment, and reentry services to:
39	47		(1) defendants placed on community supervision [and
40	48		required to serve a term of confinement in a state jail felony
41	49		facility] under Article 42A.562, Code of Criminal Procedure; and
42	50		(2) inmates released on parole who are required to
43	51		participate in the program as a condition of parole imposed under
44	52		Section 508.1455.
45	53		(b) The department, in consultation with interested
46	54		parties, shall determine the eligibility criteria for a defendant
47	55		or inmate to participate in the pilot program, including requiring
48	56		the defendant or inmate to arrange for suitable housing while
49	57		participating in the program.
50	58		(c) The department, in consultation with interested
51	59		parties, shall identify at least two and [determine] not more than
52	60		four sites [locations] in this state in which the pilot program will
53	61		operate. In identifying [determining] the sites [locations], the
54	62		department shall consider locating the program in various regions
55	63		throughout the state, including locations having a variety of
56	64		population sizes, provided that the department shall select sites
57	65		based on where the program will have the greatest likelihood of
58	66		success and regardless of geographic region or population size.
59	67		The department shall also give consideration to whether a risk and
60	68		needs assessment is generally conducted before sentencing
61	69		defendants in a particular location and to the degree to which local
62	70		judges show support for the establishment of the program in a
63	71		particular location.
64	72		(d) The department shall issue a request for proposals from
65	73		public or private entities to provide services through the pilot
66	74		program. The department shall select one or more qualified
67	75		applicants to provide services through the program to eligible
68	76		defendants and inmates.
69	77		(e) The pilot program consists of approximately 180 days of
70	78		employment-related services and support and must include:
71	79		(1) an initial period during which the defendant or
72	80		inmate will:
73	81		(A) receive training and education related to the
74	82		defendant's or inmate's vocational goals; and
75	83		(B) be employed by the provider;
76	84		(2) job placement services designed to provide
77	85		employment for the defendant or inmate after the period described
78	86		by Subdivision (1);
79	87		(3) assistance in obtaining a high school diploma or
80	88		industry certification for applicable defendants and inmates;
81	89		(4) life-skills training, including information about
82	90		budgeting and money management; and
83	91		(5) counseling and mental health services.
84	92		(f) The department shall limit the number of defendants and
85	93		inmates who may participate in the pilot program to not more than 45
86	94		individuals [defendants] per quarter per program location.
87	95		(g) The department shall pay providers not less than $40 per
88	96		day for each participant.
89	97		SECTION 4. Subchapter E, Chapter 508, Government Code, is
90	98		amended by adding Section 508.1455 to read as follows:
91	99		Sec. 508.1455. EARLY RELEASE ON PAROLE FOR CERTAIN INMATES
92	100		REQUIRED TO PARTICIPATE IN EDUCATIONAL AND VOCATIONAL TRAINING
93	101		PILOT PROGRAM. (a) This section applies only to an inmate:
94	102		(1) who is serving a sentence for an offense under
95	103		Chapter 481, Health and Safety Code, that is punishable as a felony
96	104		of the third degree;
97	105		(2) who has not previously been convicted of a felony
98	106		under Title 5, Penal Code, or under Chapter 43 or 71 of that code;
99	107		and
100	108		(3) whose eligibility for parole is computed under
101	109		Section 508.145(f).
102	110		(b) Notwithstanding any other law, a parole panel may
103	111		release on parole an inmate described by Subsection (a)
104	112		approximately 180 days before the date the inmate would be eligible
105	113		for release on parole under Section 508.145(f).
106	114		(c) A parole panel releasing an inmate on parole under this
107	115		section shall require as a condition of release on parole that the
108	116		inmate participate in a program operated under Section 493.034, to
109	117		begin immediately following the inmate's release on parole.
110	118		(d) For purpose of consideration by a parole panel for early
111	119		release on parole under Subsection (b), the department shall
112	120		annually identify not fewer than 100 inmates described by
113	121		Subsection (a) who are suitable candidates for participation in a
114	122		program operated under Section 493.034. The board and the
115	123		department shall jointly adopt rules for identifying inmates under
116	124		this subsection. The rules must require the board or the department
117	125		to notify an inmate that the inmate is being considered for release
118	126		on parole under this section.
119	127		(e) The board shall adopt rules governing the release of an
120	128		inmate on parole under this section.
121	129		(f) An inmate who is considered for but not granted release
122	130		on parole under this section shall be considered for release on
123	131		parole on the date that the inmate otherwise would have been
124	132		considered for release on parole under this chapter.
125	133		SECTION 5. Article 42A.562(d), Code of Criminal Procedure,
126	134		is repealed.
127	135		SECTION 6. The change in law made by this Act applies to any
128	136		inmate who is confined in a facility operated by or under contract
129	137		with the Texas Department of Criminal Justice on or after the
130	138		effective date of this Act, regardless of whether the offense for
131	139		which the inmate is confined occurred before, on, or after the
132	140		effective date of this Act.
133		-	SECTION 7. This Act takes effect September 1, 2021.
134		-	______________________________ ______________________________
135		-	President of the Senate Speaker of the House
136		-	I certify that H.B. No. 2352 was passed by the House on May
137		-	14, 2021, by the following vote: Yeas 142, Nays 1, 2 present, not
138		-	voting; and that the House concurred in Senate amendments to H.B.
139		-	No. 2352 on May 28, 2021, by the following vote: Yeas 144, Nays 3,
140		-	1 present, not voting.
141		-	______________________________
142		-	Chief Clerk of the House
143		-	I certify that H.B. No. 2352 was passed by the Senate, with
144		-	amendments, on May 26, 2021, by the following vote: Yeas 31, Nays
145		-	0.
146		-	______________________________
147		-	Secretary of the Senate
148		-	APPROVED: __________________
149		-	Date
150		-	__________________
151		-	Governor
	141	+	SECTION 7. The Texas Department of Criminal Justice is
	142	+	required to implement a provision of this Act only if the
	143	+	legislature appropriates money specifically for that purpose. If
	144	+	the legislature does not appropriate money specifically for that
	145	+	purpose, the department may, but is not required to, implement a
	146	+	provision of this Act using other appropriations available for that
	147	+	purpose.
	148	+	SECTION 8. This Act takes effect September 1, 2021.
	149	+	* * * * *