Texas 2021 - 87th Regular

Texas House Bill HB4102 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R6642 MCF-D
2	2	By: J. Johnson of Harris H.B. No. 4102
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain substance abuse treatment programs operated by
8	8	the Texas Department of Criminal Justice.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 42A.303, Code of Criminal Procedure, is
11	11	amended by amending Subsection (e) and adding Subsections (e-1),
12	12	(e-2), and (e-3) to read as follows:
13	13	(e) The Department of State Health Services shall develop:
14	14	(1) the continuum of care treatment plan described by
15	15	Subsection (d)(1); and
16	16	(2) an instrument to be used by the Texas Department of
17	17	Criminal Justice to assess the residential aftercare needs of a
18	18	defendant required as a condition of community supervision to serve
19	19	a term of confinement and treatment in a substance abuse felony
20	20	punishment facility under this article.
21	21	(e-1) The continuum of care treatment plan described by
22	22	Subsection (d)(1) must:
23	23	(1) use nationally recognized professional,
24	24	empirical, and evidence-based practices;
25	25	(2) be trauma-informed; and
26	26	(3) promote the general health of defendants and
27	27	include topics on exercise, diet, dental hygiene, and feminine
28	28	hygiene, as applicable.
29	29	(e-2) The Department of State Health Services shall review
30	30	and update the continuum of care treatment plan under Subsection
31	31	(d)(1) at least once every five years.
32	32	(e-3) The residential aftercare assessment instrument
33	33	developed under Subsection (e)(2) must be based on a medical and
34	34	social risk assessment of the defendant and take into consideration
35	35	the defendant's age, health, family status, disability, gender, and
36	36	sexual identity to determine the most effective residential
37	37	aftercare placement for the defendant.
38	38	SECTION 2. Section 493.009, Government Code, is amended by
39	39	adding Subsections (e-1), (o), and (r) to read as follows:
40	40	(e-1) A qualified professional implementing the program
41	41	under Subsection (e) may not modify the continuum of care treatment
42	42	plan developed under Article 42A.303(d)(1), Code of Criminal
43	43	Procedure, without the approval of the Department of State Health
44	44	Services.
45	45	(o) Notwithstanding any other law, the department may
46	46	provide up to three months of aftercare housing in an appropriate
47	47	facility operated by or under contract with the department, other
48	48	than a transitional treatment center, for a defendant as
49	49	recommended by an assessment conducted using the instrument
50	50	developed by the Department of State Health Services under Article
51	51	42A.303(e)(2), Code of Criminal Procedure.
52	52	(r) The Department of State Health Services shall develop a
53	53	survey that substance abuse felony punishment program participants
54	54	may anonymously complete and submit to the Department of State
55	55	Health Services and the department to assist the department in
56	56	improving the program. The survey must be available on the
57	57	Department of State Health Services' Internet website for mail or
58	58	online submission. On request, the Department of State Health
59	59	Services shall provide members of the public with anonymous survey
60	60	responses.
61	61	SECTION 3. Chapter 493, Government Code, is amended by
62	62	adding Sections 493.0091, 493.0092, and 493.0093 to read as
63	63	follows:
64	64	Sec. 493.0091. SUBSTANCE ABUSE FELONY PUNISHMENT PROGRAM
65	65	PARTICIPANT BILL OF RIGHTS. (a) The department shall develop a
66	66	bill of rights for participants in a substance abuse felony
67	67	punishment program operated under Section 493.009. The bill of
68	68	rights must include a description of any federal or state laws
69	69	applicable to the participants.
70	70	(b) The department shall provide to each participant:
71	71	(1) an oral explanation of the information contained
72	72	in the bill of rights; and
73	73	(2) a physical copy of the bill of rights or
74	74	information regarding how to access an electronic version of the
75	75	document.
76	76	(c) The department shall provide training on the bill of
77	77	rights developed under this section to all department employees
78	78	assigned to a substance abuse felony punishment facility. The
79	79	department shall maintain documentation of the employee trainings.
80	80	Sec. 493.0092. EVALUATION OF CERTAIN SUBSTANCE ABUSE
81	81	TREATMENT FACILITIES. (a) The department shall develop outcome
82	82	measures and performance targets for evaluating the effectiveness
83	83	of any facility operated under contract with the department for the
84	84	primary purpose of providing substance abuse treatment or
85	85	aftercare. The outcome measures must include:
86	86	(1) treatment program completion rates;
87	87	(2) employment rates of individuals who have completed
88	88	the treatment program; and
89	89	(3) an evaluation of the facility's ability to:
90	90	(A) provide individuals with housing after
91	91	completing treatment; and
92	92	(B) assist individuals in:
93	93	(i) obtaining social services; and
94	94	(ii) creating civic reintegration plans,
95	95	including identifying and making arrangements to pay any
96	96	outstanding court costs, fines, and fees and child support payments
97	97	owed by the individual.
98	98	(b) The department may not renew the contract of a facility
99	99	that consistently fails to achieve the performance targets
100	100	established under this section.
101	101	Sec. 493.0093. SUBSTANCE ABUSE FELONY PUNISHMENT PROGRAM
102	102	REPORT. (a) Not later than February 1 of each year, the
103	103	department, using appropriated funds, shall prepare and submit a
104	104	report to the governor, the lieutenant governor, the speaker of the
105	105	house of representatives, and each standing committee of the
106	106	legislature with primary jurisdiction over the department that
107	107	includes the following information for the preceding calendar year:
108	108	(1) the total number of participants in the substance
109	109	abuse felony punishment program operated under Section 493.009 and
110	110	information on the county of residence of participants before
111	111	entering the program;
112	112	(2) the number of participants who completed the
113	113	program categorized according to the facility in which the
114	114	participant was confined, including the number of participants who
115	115	completed any aftercare required as a condition of community
116	116	supervision;
117	117	(3) the number of participants who failed to complete
118	118	the program and the reasons for the failures;
119	119	(4) the recidivism rate of participants, including:
120	120	(A) the number of participants by county who
121	121	completed the program and were subsequently arrested or convicted
122	122	of an offense; and
123	123	(B) a list of the most common offenses for which
124	124	participants were arrested or convicted;
125	125	(5) the revocation rate of program participants who
126	126	are on community supervision or parole and the reasons for the
127	127	revocations;
128	128	(6) information on the program's budget; and
129	129	(7) the turnover rate of department employees assigned
130	130	to the program and of employees of any entity implementing the
131	131	program under contract with the department.
132	132	(b) The department shall make the report available on the
133	133	department's Internet website.
134	134	(c) The department shall make the data used to produce the
135	135	report available on request to any college or university for
136	136	purposes of evaluating the program.
137	137	SECTION 4. Section 493.032, Government Code, as added by
138	138	Chapter 1163 (H.B. 3227), Acts of the 86th Legislature, Regular
139	139	Session, 2019, is amended by adding Subsection (d) to read as
140	140	follows:
141	141	(d) The department shall apply for grants from any public or
142	142	private source for the purpose of employing individuals to provide
143	143	peer support services to persons participating in a substance abuse
144	144	felony punishment program under Section 493.009.
145	145	SECTION 5. This Act takes effect September 1, 2021.