87R9808 MTB-F
By: Romero, Jr. H.B. No. 3632
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a continuity of care and service program
for veteran offenders; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 434, Government Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. CONTINUITY OF CARE FOR VETERAN OFFENDERS
Sec. 434.421. DEFINITIONS. In this subchapter:
(1) "Commission" means the Texas Veterans Commission.
(2) "Veteran offender" includes a veteran of or a
person serving on active duty in the armed forces of the United
States for whom criminal charges are pending or who after
conviction or adjudication is in custody or under any form of
criminal justice supervision.
Sec. 434.422. CONTINUITY OF CARE AND SERVICE PROGRAM FOR
VETERAN OFFENDERS. (a) The commission, the criminal justice
division of the governor's office, the Texas Workforce Commission,
the Veterans' Land Board, the Commission on Jail Standards, the
Texas Department of Criminal Justice, the Health and Human Services
Commission, the bureau of identification and records of the
Department of Public Safety, representatives of local mental health
authorities appointed by the commissioner of the Department of
State Health Services, the directors of community supervision and
corrections departments, and representatives of veterans treatment
court programs established under Chapter 124 shall adopt a
memorandum of understanding that establishes their respective
responsibilities to institute a continuity of care and service
program for veteran offenders in the criminal justice system. The
criminal justice division of the governor's office shall coordinate
and monitor the development and implementation of the memorandum of
understanding.
(b) The memorandum of understanding must establish methods
for:
(1) identifying veteran offenders in the criminal
justice system using data made available from the Veterans Reentry
Search Service operated by the United States Department of Veterans
Affairs or a similar service;
(2) developing interagency rules, policies, and
procedures for the coordination of care of and exchange of
information on veteran offenders by the entities listed in
Subsection (a); and
(3) connecting veteran offenders to services needed to
reenter the community successfully using a coordinated online
network of public, private, and nonprofit organizations serving
veterans, service members, and their families across service
regions in this state that is funded by the Texas Workforce
Commission.
(c) The entities listed in Subsection (a) shall:
(1) operate the continuity of care and service program
for veteran offenders in the criminal justice system with any funds
appropriated for that purpose; and
(2) actively seek federal grants or funds to operate
and expand the program.
Sec. 434.423. EXCHANGE OF INFORMATION. (a) The entities
listed in Section 434.422(a) shall:
(1) accept information relating to a veteran offender
that is sent to the entity to serve the purposes of continuity of
care and services; and
(2) disclose information relating to a veteran
offender, including information about the offender's identity,
needs, treatment, social, criminal, and vocational history,
supervision status and compliance with conditions of supervision,
and medical and mental health history, if the disclosure serves the
purposes of continuity of care and services.
(b) Information obtained under this section may not be used
as evidence in any criminal proceeding, unless obtained and
introduced by other lawful evidentiary means.
(c) An entity listed in Section 434.422(a) shall manage
confidential information accepted or disclosed under this section
prudently so as to maintain the confidentiality of that
information.
(d) A person commits an offense if the person releases or
discloses confidential information obtained under this section for
purposes other than continuity of care and services. An offense
under this subsection is a Class B misdemeanor.
(e) It is an exception to the application of Subsection (d)
that the person's release or disclosure of information was
authorized by other law or with the consent of the person to whom
the information relates.
SECTION 2. Section 411.042, Government Code, is amended by
adding Subsection (k) to read as follows:
(k) The bureau of identification and records shall collect
and disseminate information regarding veteran offenders in
compliance with Subchapter J, Chapter 434.
SECTION 3. This Act takes effect September 1, 2021.