| 1 | 1 | | 87R11931 MCF-F |
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| 2 | 2 | | By: Allen H.B. No. 4189 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to program accessibility for female inmates of the Texas |
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| 8 | 8 | | Department of Criminal Justice. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 501.026, Government Code, as added by |
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| 11 | 11 | | Chapter 1163 (H.B. 3227), Acts of the 86th Legislature, Regular |
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| 12 | 12 | | Session, 2019, is amended to read as follows: |
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| 13 | 13 | | Sec. 501.026. ACCESS TO PROGRAMS BY FEMALE INMATES. (a) |
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| 14 | 14 | | The department shall develop and implement policies that increase |
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| 15 | 15 | | and promote a female inmate's access to programs, including |
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| 16 | 16 | | parenting classes and educational, vocational, substance use |
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| 17 | 17 | | treatment, rehabilitation, life skills training, and prerelease |
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| 18 | 18 | | programs, offered to inmates in the custody of the department, |
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| 19 | 19 | | including programs offered to defendants confined in state jail |
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| 20 | 20 | | felony facilities [including educational, vocational, substance |
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| 21 | 21 | | use treatment, rehabilitation, life skills training, and |
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| 22 | 22 | | prerelease programs]. The department may not reduce or limit a male |
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| 23 | 23 | | inmate's access to a program to meet the requirements of this |
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| 24 | 24 | | section. |
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| 25 | 25 | | (b) The department shall develop and implement policies |
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| 26 | 26 | | that: |
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| 27 | 27 | | (1) require each facility to make the programs |
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| 28 | 28 | | described by Subsection (a) available and accessible to a female |
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| 29 | 29 | | inmate not later than the 45th day after the date the inmate arrives |
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| 30 | 30 | | at the facility; and |
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| 31 | 31 | | (2) ensure female inmates have access to the same |
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| 32 | 32 | | program opportunities, including master's level education courses, |
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| 33 | 33 | | that are available to male inmates. |
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| 34 | 34 | | (c) Not later than December 31 of each year, the department |
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| 35 | 35 | | shall: |
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| 36 | 36 | | (1) prepare and submit to the governor, the lieutenant |
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| 37 | 37 | | governor, the speaker of the house of representatives, each |
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| 38 | 38 | | standing committee of the legislature having primary jurisdiction |
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| 39 | 39 | | over the department, and the reentry task force described by |
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| 40 | 40 | | Section 501.098 a written report that includes: |
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| 41 | 41 | | (A) a description of any department policies that |
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| 42 | 42 | | were created, modified, or eliminated during the preceding year to |
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| 43 | 43 | | meet the requirements of this section; and |
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| 44 | 44 | | (B) a list of programs available to female |
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| 45 | 45 | | inmates in the custody of the department during the preceding year; |
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| 46 | 46 | | and |
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| 47 | 47 | | (2) publish the report on the department's Internet |
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| 48 | 48 | | website. |
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| 49 | 49 | | SECTION 2. As soon as practicable after the effective date |
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| 50 | 50 | | of this Act, the Texas Department of Criminal Justice shall develop |
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| 51 | 51 | | and implement the policies necessary to implement the changes in |
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| 52 | 52 | | law made by this Act. |
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| 53 | 53 | | SECTION 3. This Act takes effect September 1, 2021. |
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