1 | 1 | | 89R9898 BCH/JDK-D |
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2 | 2 | | By: Canales H.B. No. 1515 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the continuation and functions of the Texas Board of |
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10 | 10 | | Criminal Justice and the Texas Department of Criminal Justice and |
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11 | 11 | | to the functions of the Board of Pardons and Paroles, the |
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12 | 12 | | Correctional Managed Health Care Committee, the Texas Correctional |
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13 | 13 | | Office on Offenders with Medical or Mental Impairments, and the |
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14 | 14 | | Windham School District. |
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15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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16 | 16 | | SECTION 1. Section 19.003, Education Code, is amended to |
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17 | 17 | | read as follows: |
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18 | 18 | | Sec. 19.003. GOALS OF THE DISTRICT. The goals of the |
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19 | 19 | | district in educating its students are to: |
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20 | 20 | | (1) reduce recidivism; |
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21 | 21 | | (2) reduce the cost of confinement or imprisonment; |
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22 | 22 | | (3) increase the success of former students [inmates] |
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23 | 23 | | in obtaining and maintaining employment; and |
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24 | 24 | | (4) provide an incentive to students [inmates] to |
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25 | 25 | | behave in positive ways during confinement or imprisonment. |
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26 | 26 | | SECTION 2. Section 19.004(c), Education Code, is amended to |
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27 | 27 | | read as follows: |
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28 | 28 | | (c) The district shall: |
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29 | 29 | | (1) develop educational programs specifically |
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30 | 30 | | designed for persons eligible under Section 19.005 and ensure that |
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31 | 31 | | those programs, such as high school equivalency certificate [GED] |
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32 | 32 | | and English as a second language [ESL], are integrated with an |
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33 | 33 | | applied career and technical [vocational] context leading to |
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34 | 34 | | employment; |
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35 | 35 | | (2) [(1-a)] develop career and technical education |
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36 | 36 | | [vocational training] programs specifically designed for persons |
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37 | 37 | | eligible under Section 19.005 and prioritize the programs that |
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38 | 38 | | result in certification or licensure, considering the impact that a |
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39 | 39 | | previous felony conviction has on the ability to secure |
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40 | 40 | | certification, licensure, and employment; |
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41 | 41 | | (3) [(1-b)] continually assess job markets in this |
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42 | 42 | | state and update, augment, and expand the career and technical |
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43 | 43 | | education [vocational training] programs developed under |
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44 | 44 | | Subdivision (2) [(1-a)] as necessary to provide relevant and |
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45 | 45 | | marketable skills to students; and |
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46 | 46 | | (4) [(2)] coordinate educational programs and |
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47 | 47 | | services in the department with those provided by other state |
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48 | 48 | | agencies, by political subdivisions, and by persons who provide |
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49 | 49 | | programs and services under contract. |
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50 | 50 | | SECTION 3. Section 19.0041(a), Education Code, is amended |
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51 | 51 | | to read as follows: |
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52 | 52 | | (a) To evaluate the effectiveness of its programs, the |
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53 | 53 | | Windham School District shall compile and analyze information for |
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54 | 54 | | each of its programs, including performance-based information and |
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55 | 55 | | data related to academic, career and technical education |
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56 | 56 | | [vocational training], and life skills programs. This information |
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57 | 57 | | shall include for each person who participates in district programs |
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58 | 58 | | an evaluation of: |
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59 | 59 | | (1) institutional disciplinary violations; |
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60 | 60 | | (2) subsequent arrests; |
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61 | 61 | | (3) subsequent convictions or confinements; |
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62 | 62 | | (4) the cost of confinement; |
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63 | 63 | | (5) educational achievement; |
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64 | 64 | | (6) high school equivalency examination passage; |
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65 | 65 | | (7) the kind of training services provided; |
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66 | 66 | | (8) the kind of employment the person obtains on |
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67 | 67 | | release; |
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68 | 68 | | (9) whether the employment was related to training; |
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69 | 69 | | (10) the difference between the amount of the person's |
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70 | 70 | | earnings on the date employment is obtained following release and |
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71 | 71 | | the amount of those earnings on the first anniversary of that date; |
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72 | 72 | | and |
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73 | 73 | | (11) the retention factors associated with the |
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74 | 74 | | employment. |
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75 | 75 | | SECTION 4. Section 19.0042, Education Code, is amended to |
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76 | 76 | | read as follows: |
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77 | 77 | | Sec. 19.0042. INFORMATION TO BE PROVIDED BY DISTRICT BEFORE |
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78 | 78 | | CAREER AND TECHNICAL EDUCATION [VOCATIONAL TRAINING] PROGRAM |
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79 | 79 | | ENROLLMENT. Before a person described by Section 19.005 enrolls in |
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80 | 80 | | a district career and technical education [vocational training] |
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81 | 81 | | program, the district must inform the person in writing of: |
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82 | 82 | | (1) any rule or policy of a state agency that would |
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83 | 83 | | impose a restriction or prohibition on the person in obtaining a |
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84 | 84 | | certificate or license in connection with the career and technical |
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85 | 85 | | education [vocational training] program; |
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86 | 86 | | (2) the total number of district students released |
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87 | 87 | | during the preceding 10 years who have completed a district career |
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88 | 88 | | and technical education [vocational training] program that allows |
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89 | 89 | | for an opportunity to apply for a certificate or license from a |
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90 | 90 | | state agency and, of those students: |
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91 | 91 | | (A) the number who have applied for a certificate |
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92 | 92 | | or license from a state agency; |
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93 | 93 | | (B) the number who have been issued a certificate |
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94 | 94 | | or license by a state agency; and |
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95 | 95 | | (C) the number who have been denied a certificate |
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96 | 96 | | or license by a state agency; and |
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97 | 97 | | (3) the procedures for: |
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98 | 98 | | (A) requesting a criminal history evaluation |
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99 | 99 | | letter under Section 53.102, Occupations Code; |
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100 | 100 | | (B) providing evidence of fitness to perform the |
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101 | 101 | | duties and discharge the responsibilities of a licensed occupation |
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102 | 102 | | for purposes of Section 53.023, Occupations Code; and |
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103 | 103 | | (C) appealing a state agency's denial of a |
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104 | 104 | | certificate or license, including deadlines and due process |
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105 | 105 | | requirements: |
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106 | 106 | | (i) to the State Office of Administrative |
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107 | 107 | | Hearings under Subchapter C, Chapter 2001, Government Code; and |
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108 | 108 | | (ii) through any other available avenue. |
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109 | 109 | | SECTION 5. Section 19.010(a), Education Code, is amended to |
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110 | 110 | | read as follows: |
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111 | 111 | | (a) The district shall propose, and the board shall adopt |
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112 | 112 | | with any modification the board finds necessary, a strategic plan |
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113 | 113 | | that includes: |
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114 | 114 | | (1) a mission statement relating to the goals and |
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115 | 115 | | duties of the district under this chapter; |
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116 | 116 | | (2) goals to be met by the district in carrying out the |
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117 | 117 | | mission stated; and |
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118 | 118 | | (3) specific educational, career and technical |
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119 | 119 | | education [vocational training], and counseling programs to be |
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120 | 120 | | conducted by the district to meet the goals stated in the plan. |
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121 | 121 | | SECTION 6. Section 19.011, Education Code, is amended by |
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122 | 122 | | amending Subsection (b) and adding Subsection (c) to read as |
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123 | 123 | | follows: |
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124 | 124 | | (b) The district shall coordinate career and technical |
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125 | 125 | | [vocational] education and job training programs with a local |
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126 | 126 | | workforce development board authorized by the Texas Workforce |
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127 | 127 | | Commission to ensure that district students are equipped with the |
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128 | 128 | | skills necessary to compete for current and emerging jobs. |
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129 | 129 | | (c) The district may share data with the Texas Higher |
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130 | 130 | | Education Coordinating Board for the purpose of administering |
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131 | 131 | | postsecondary education programs within the department. |
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132 | 132 | | SECTION 7. Section 492.002(a), Government Code, is amended |
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133 | 133 | | to read as follows: |
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134 | 134 | | (a) The board is composed of nine members appointed by the |
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135 | 135 | | governor with the advice and consent of the senate. At least two |
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136 | 136 | | members must have significant business or corporate experience. |
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137 | 137 | | The governor may not appoint more than two members who reside in an |
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138 | 138 | | area encompassed by the same administrative judicial region, as |
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139 | 139 | | determined by Section 74.042. |
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140 | 140 | | SECTION 8. Section 492.0031, Government Code, is amended by |
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141 | 141 | | amending Subsection (b) and adding Subsection (d) to read as |
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142 | 142 | | follows: |
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143 | 143 | | (b) The training program must provide the person with |
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144 | 144 | | information regarding: |
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145 | 145 | | (1) the law governing [legislation that created the] |
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146 | 146 | | department operations [and the board]; |
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147 | 147 | | (2) the programs, functions, rules, and budget of |
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148 | 148 | | [operated by] the department; |
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149 | 149 | | (3) the scope of and limitations on the rulemaking |
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150 | 150 | | authority [role and functions] of the board [department]; |
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151 | 151 | | (4) [the rules of the department, with an emphasis on |
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152 | 152 | | the rules that relate to disciplinary and investigatory authority; |
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153 | 153 | | [(5) the current budget for the department; |
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154 | 154 | | [(6)] the results of the most recent formal audit of |
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155 | 155 | | the department; |
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156 | 156 | | (5) [(7)] the requirements of: |
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157 | 157 | | (A) the laws relating to open meetings, public |
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158 | 158 | | information, administrative procedure, and disclosing conflicts of |
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159 | 159 | | interest [law, Chapter 551]; and |
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160 | 160 | | (B) other laws applicable to members of a state |
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161 | 161 | | policy-making body in performing their duties [the public |
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162 | 162 | | information law, Chapter 552; |
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163 | 163 | | [(C) the administrative procedure law, Chapter |
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164 | 164 | | 2001; and |
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165 | 165 | | [(D) other laws relating to public officials, |
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166 | 166 | | including conflict of interest laws]; and |
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167 | 167 | | (6) [(8)] any applicable ethics policies adopted by |
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168 | 168 | | the department or the Texas Ethics Commission. |
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169 | 169 | | (d) The executive director shall create a training manual |
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170 | 170 | | that includes the information required by Subsection (b). The |
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171 | 171 | | executive director shall distribute a copy of the training manual |
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172 | 172 | | annually to each member of the board. Each member of the board |
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173 | 173 | | shall sign and submit to the executive director a statement |
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174 | 174 | | acknowledging that the member received and has reviewed the |
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175 | 175 | | training manual. |
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176 | 176 | | SECTION 9. Section 492.012, Government Code, is amended to |
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177 | 177 | | read as follows: |
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178 | 178 | | Sec. 492.012. SUNSET PROVISION. The Texas Board of |
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179 | 179 | | Criminal Justice and the Texas Department of Criminal Justice are |
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180 | 180 | | subject to Chapter 325 (Texas Sunset Act). Unless continued in |
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181 | 181 | | existence as provided by that chapter, the board and the department |
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182 | 182 | | are abolished September 1, 2037 [2025]. |
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183 | 183 | | SECTION 10. Chapter 493, Government Code, is amended by |
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184 | 184 | | adding Sections 493.0084 and 493.036 to read as follows: |
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185 | 185 | | Sec. 493.0084. INVENTORY AND EVALUATION OF ACTIVE PROGRAMS. |
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186 | 186 | | (a) The department shall develop and maintain a comprehensive |
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187 | 187 | | inventory of active programs offered in department facilities, |
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188 | 188 | | including peer-led programs and volunteer-led programs, that |
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189 | 189 | | includes the following information for each program: |
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190 | 190 | | (1) program goals; |
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191 | 191 | | (2) program capacity and enrollments; and |
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192 | 192 | | (3) facilities where the program is offered. |
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193 | 193 | | (b) The department shall make the inventory available to the |
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194 | 194 | | public on the department's Internet website and continuously update |
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195 | 195 | | the inventory. |
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196 | 196 | | (c) The department shall collect and analyze data for the |
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197 | 197 | | programs described by Subsection (a) to evaluate the effectiveness |
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198 | 198 | | of the programs and to improve program offerings. |
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199 | 199 | | (d) In carrying out the department's duties under |
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200 | 200 | | Subsection (c), the department shall: |
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201 | 201 | | (1) for programs claiming rehabilitative or reentry |
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202 | 202 | | effects: |
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203 | 203 | | (A) collect results-based performance data; |
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204 | 204 | | (B) work with qualified internal or external |
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205 | 205 | | researchers to develop criteria to evaluate the programs; and |
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206 | 206 | | (C) use the criteria developed under Paragraph |
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207 | 207 | | (B) to evaluate the programs, including the data described by |
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208 | 208 | | Paragraph (A); |
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209 | 209 | | (2) create a separate correctional elective programs |
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210 | 210 | | category for non-evidence-based and non-evidence-informed programs |
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211 | 211 | | and develop criteria to evaluate the programs; |
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212 | 212 | | (3) collect and analyze data for program participants |
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213 | 213 | | relating to: |
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214 | 214 | | (A) institutional disciplinary violations; |
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215 | 215 | | (B) subsequent arrests; |
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216 | 216 | | (C) subsequent convictions or confinements; |
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217 | 217 | | (D) employment obtained following release; and |
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218 | 218 | | (E) cost of confinement; and |
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219 | 219 | | (4) use the data described by Subdivision (3) to |
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220 | 220 | | produce and compare recidivism rates and other correctional impact |
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221 | 221 | | trends and to make changes to the programs as needed. |
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222 | 222 | | (e) The department may make structural or programmatic |
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223 | 223 | | adjustments to improve program performance in response to a program |
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224 | 224 | | evaluation under this section indicating poor program performance. |
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225 | 225 | | (f) Not later than December 1 of each even-numbered year, |
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226 | 226 | | the department shall submit a report on the department's analysis |
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227 | 227 | | of programs described by Subsection (a) to the board, the Board of |
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228 | 228 | | Pardons and Paroles, the governor, the lieutenant governor, the |
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229 | 229 | | speaker of the house of representatives, and each standing |
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230 | 230 | | committee of the legislature with primary jurisdiction over the |
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231 | 231 | | department. |
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232 | 232 | | (g) The department may enter into a memorandum of |
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233 | 233 | | understanding with other entities to obtain and share data |
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234 | 234 | | necessary to evaluate programs under this section. |
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235 | 235 | | Sec. 493.036. LONG-TERM FACILITIES AND STAFFING PLAN. (a) |
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236 | 236 | | The department shall prepare a 10-year plan that: |
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237 | 237 | | (1) identifies the department's facility and capacity |
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238 | 238 | | needs; and |
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239 | 239 | | (2) includes recommendations for how the state can |
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240 | 240 | | house inmates in facilities that are adequately staffed. |
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241 | 241 | | (b) The plan under Subsection (a) must: |
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242 | 242 | | (1) examine the department's ability to operate each |
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243 | 243 | | facility based on current and future staffing levels, including |
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244 | 244 | | cost to the department, with consideration of demographic and |
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245 | 245 | | economic trends and facility repair needs; |
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246 | 246 | | (2) evaluate how the department will distribute or |
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247 | 247 | | consolidate inmates efficiently based on capacity and factors such |
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248 | 248 | | as custody level, medical needs, and other special needs; |
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249 | 249 | | (3) evaluate any facility retrofitting necessary to |
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250 | 250 | | accommodate the needs of the department's inmate population; |
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251 | 251 | | (4) evaluate the construction necessary to increase |
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252 | 252 | | capacity to manage the department's projected inmate population, |
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253 | 253 | | including: |
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254 | 254 | | (A) the ways in which the construction can be |
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255 | 255 | | done in well-staffed areas of the state on existing department |
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256 | 256 | | property; and |
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257 | 257 | | (B) proposed timelines for the construction; |
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258 | 258 | | (5) include a phased implementation plan for closing |
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259 | 259 | | facilities with persistent staffing challenges; and |
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260 | 260 | | (6) include estimated savings from reduced |
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261 | 261 | | maintenance costs and any potential real property sales with |
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262 | 262 | | respect to facilities included in the phased implementation plan. |
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263 | 263 | | (c) In developing the plan under Subsection (a), the |
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264 | 264 | | department: |
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265 | 265 | | (1) must consider the various regional needs of the |
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266 | 266 | | state, including any ancillary or community benefits associated |
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267 | 267 | | with department facilities; and |
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268 | 268 | | (2) may contract with a third party as needed. |
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269 | 269 | | (d) In identifying potential facilities for closure as part |
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270 | 270 | | of the phased implementation plan described by Subsection (b)(5), |
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271 | 271 | | the department shall consider, at a minimum, the following factors |
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272 | 272 | | with respect to each facility: |
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273 | 273 | | (1) the department's ability to staff the facility and |
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274 | 274 | | the facility's operation and maintenance costs; |
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275 | 275 | | (2) vacancy rates; |
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276 | 276 | | (3) facility capacity; |
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277 | 277 | | (4) county-level demographic and economic data; |
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278 | 278 | | (5) deferred maintenance costs; |
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279 | 279 | | (6) receipt of correctional officers via staff |
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280 | 280 | | transport models; |
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281 | 281 | | (7) number of climate-controlled beds; and |
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282 | 282 | | (8) maximum security status. |
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283 | 283 | | (e) Not later than September 1, 2026, and every fourth |
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284 | 284 | | anniversary of that date, the department shall submit: |
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285 | 285 | | (1) the plan to the board for approval; and |
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286 | 286 | | (2) the approved plan to the governor, the lieutenant |
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287 | 287 | | governor, the speaker of the house of representatives, and each |
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288 | 288 | | standing legislative committee with jurisdiction over |
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289 | 289 | | appropriations or the department. |
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290 | 290 | | SECTION 11. Section 497.022, Government Code, is amended to |
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291 | 291 | | read as follows: |
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292 | 292 | | Sec. 497.022. CONTRACTS. The department may contract with: |
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293 | 293 | | (1) another state, the federal government, a foreign |
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294 | 294 | | government, or an agency of any of those governments to manufacture |
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295 | 295 | | for or sell to those governments prison-made articles or products; |
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296 | 296 | | (2) a private or independent institution of higher |
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297 | 297 | | education to manufacture for or sell to that school or institution |
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298 | 298 | | prison-made articles or products; or |
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299 | 299 | | (3) a private school or a [visually handicapped] |
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300 | 300 | | person with visual impairment in this state to manufacture Braille |
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301 | 301 | | textbooks or other instructional aids for the education of |
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302 | 302 | | [visually handicapped] persons with visual impairment. |
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303 | 303 | | SECTION 12. Section 499.101, Government Code, is amended to |
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304 | 304 | | read as follows: |
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305 | 305 | | Sec. 499.101. MAXIMUM CAPACITIES [EXISTING UNITS]. (a) |
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306 | 306 | | The board by rule shall establish maximum capacities for the units |
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307 | 307 | | in the institutional division. [are as follows: |
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308 | 308 | | [Beto I3,000 |
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309 | 309 | | [Beto II888 |
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310 | 310 | | [Boyd1,012 |
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311 | 311 | | [Briscoe1,012 |
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312 | 312 | | [Central720 |
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313 | 313 | | [Clemens851 |
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314 | 314 | | [Clements2,200 |
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315 | 315 | | [Coffield3,000 |
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316 | 316 | | [Daniel1,012 |
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317 | 317 | | [Darrington1,610 |
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318 | 318 | | [Diagnostic1,365 |
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319 | 319 | | [Eastham2,050 |
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320 | 320 | | [Ellis I1,900 |
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321 | 321 | | [Ellis II2,260 |
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322 | 322 | | [Ferguson2,100 |
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323 | 323 | | [Gatesville1,571 |
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324 | 324 | | [Goree1,058 |
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325 | 325 | | [Hightower1,012 |
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326 | 326 | | [Hilltop761 |
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327 | 327 | | [Hobby1,012 |
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328 | 328 | | [Hughes2,264 |
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329 | 329 | | [Huntsville1,705 |
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330 | 330 | | [Jester I323 |
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331 | 331 | | [Jester II378 |
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332 | 332 | | [Jester III908 |
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333 | 333 | | [Lewis1,012 |
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334 | 334 | | [McConnell2,264 |
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335 | 335 | | [Michael2,264 |
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336 | 336 | | [Mountain View718 |
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337 | 337 | | [Pack I864 |
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338 | 338 | | [Pack II1,088 |
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339 | 339 | | [Panpa1,012 |
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340 | 340 | | [Ramsey I1,400 |
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341 | 341 | | [Ramsey II850 |
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342 | 342 | | [Ramsey III1,000 |
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343 | 343 | | [Retrieve770 |
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344 | 344 | | [Roach1,012 |
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345 | 345 | | [Robertson2,264 |
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346 | 346 | | [Smith1,012 |
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347 | 347 | | [Stiles2,264 |
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348 | 348 | | [Terrell2,264 |
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349 | 349 | | [Torres1,012 |
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350 | 350 | | [Wynne2,300] |
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351 | 351 | | (b) It is the intent of the legislature that as case law |
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352 | 352 | | evolves and indicates that maximum capacities for units in the |
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353 | 353 | | institutional division [established under Subsection (a)] may be |
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354 | 354 | | increased, the staff of the institutional division shall use the |
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355 | 355 | | procedures established by this subchapter to increase those |
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356 | 356 | | capacities. There shall be no cause of action against the |
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357 | 357 | | institutional division for failure to take action under this |
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358 | 358 | | subsection. |
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359 | 359 | | SECTION 13. Section 499.102(a), Government Code, is amended |
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360 | 360 | | to read as follows: |
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361 | 361 | | (a) The staff of the institutional division, on its own |
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362 | 362 | | initiative or as directed by the governor or the board, may |
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363 | 363 | | recommend to the administration of the institutional division that |
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364 | 364 | | the maximum capacity [established under Section 499.101] for a unit |
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365 | 365 | | be increased if the staff determines through written findings that |
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366 | 366 | | the division can increase the maximum capacity and provide: |
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367 | 367 | | (1) proper inmate classification and housing within |
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368 | 368 | | the unit that is consistent with the classification system; |
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369 | 369 | | (2) housing flexibility to allow necessary repairs and |
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370 | 370 | | routine and preventive maintenance to be performed without |
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371 | 371 | | compromising the classification system; |
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372 | 372 | | (3) adequate space in dayrooms; |
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373 | 373 | | (4) all meals within a reasonable time, allowing each |
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374 | 374 | | inmate a reasonable time within which to eat; |
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375 | 375 | | (5) operable hygiene facilities that ensure the |
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376 | 376 | | availability of a sufficient number of fixtures to serve the inmate |
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377 | 377 | | population; |
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378 | 378 | | (6) adequate laundry services; |
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379 | 379 | | (7) sufficient staff to: |
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380 | 380 | | (A) meet operational and security needs; |
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381 | 381 | | (B) meet health care needs, including the needs |
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382 | 382 | | of inmates requiring psychiatric care, inmates with an intellectual |
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383 | 383 | | disability, and inmates with a physical disability; |
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384 | 384 | | (C) provide a safe environment for inmates and |
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385 | 385 | | staff; and |
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386 | 386 | | (D) provide adequate internal affairs |
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387 | 387 | | investigation and review; |
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388 | 388 | | (8) medical, dental, and psychiatric care adequate to |
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389 | 389 | | ensure: |
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390 | 390 | | (A) minimal delays in delivery of service from |
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391 | 391 | | the time sick call requests are made until the service is performed; |
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392 | 392 | | (B) access to regional medical facilities; |
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393 | 393 | | (C) access to the institutional division |
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394 | 394 | | hospital at Galveston or contract facilities performing the same |
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395 | 395 | | services; |
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396 | 396 | | (D) access to specialty clinics; and |
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397 | 397 | | (E) a sufficient number of psychiatric inpatient |
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398 | 398 | | beds and sheltered beds for inmates with an intellectual |
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399 | 399 | | disability; |
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400 | 400 | | (9) a fair disciplinary system that ensures due |
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401 | 401 | | process and is adequate to ensure safety and order in the unit; |
---|
402 | 402 | | (10) work, vocational, academic, and on-the-job |
---|
403 | 403 | | training programs that afford all eligible inmates with an |
---|
404 | 404 | | opportunity to learn job skills or work habits that can be applied |
---|
405 | 405 | | on release, appropriately staffed and of sufficient quality; |
---|
406 | 406 | | (11) a sufficient number and quality of |
---|
407 | 407 | | nonprogrammatic and recreational activities for all eligible |
---|
408 | 408 | | inmates who choose to participate; |
---|
409 | 409 | | (12) adequate assistance from persons trained in the |
---|
410 | 410 | | law or a law library with a collection containing necessary |
---|
411 | 411 | | materials and space adequate for inmates to use the law library for |
---|
412 | 412 | | study related to legal matters; |
---|
413 | 413 | | (13) adequate space and staffing to permit contact and |
---|
414 | 414 | | noncontact visitation of all eligible inmates; |
---|
415 | 415 | | (14) adequate maintenance programs to repair and |
---|
416 | 416 | | prevent breakdowns caused by increased use of facilities and |
---|
417 | 417 | | fixtures; and |
---|
418 | 418 | | (15) space and staff sufficient to provide all the |
---|
419 | 419 | | services and facilities required by this section. |
---|
420 | 420 | | SECTION 14. Subchapter F, Chapter 499, Government Code, is |
---|
421 | 421 | | amended by adding Section 499.1214 to read as follows: |
---|
422 | 422 | | Sec. 499.1214. PEN PACKET SUBMISSION TRAINING. The |
---|
423 | 423 | | department shall develop and provide annual training for county |
---|
424 | 424 | | employees on the submission of documents required before the |
---|
425 | 425 | | department takes custody of a person being transferred from a |
---|
426 | 426 | | county jail to the department, including documents required under |
---|
427 | 427 | | Sections 8(a) and (c), Article 42.09, Code of Criminal Procedure. |
---|
428 | 428 | | SECTION 15. Section 501.009, Government Code, is amended to |
---|
429 | 429 | | read as follows: |
---|
430 | 430 | | Sec. 501.009. VOLUNTEER AND FAITH-BASED ORGANIZATIONS[; |
---|
431 | 431 | | REPORT]. (a) The department shall adopt a policy that requires |
---|
432 | 432 | | department staff responsible for rehabilitation and reentry |
---|
433 | 433 | | programs and services [each warden] to identify volunteer and |
---|
434 | 434 | | faith-based organizations that provide programs for inmates housed |
---|
435 | 435 | | in facilities operated by the department. The policy must require |
---|
436 | 436 | | the staff [each warden] to actively encourage volunteer and |
---|
437 | 437 | | faith-based organizations to provide the following programs for |
---|
438 | 438 | | inmates in department facilities [the warden's facility]: |
---|
439 | 439 | | (1) literacy and education programs; |
---|
440 | 440 | | (2) life skills programs; |
---|
441 | 441 | | (3) job skills programs; |
---|
442 | 442 | | (4) parent-training programs; |
---|
443 | 443 | | (5) drug and alcohol rehabilitation programs; |
---|
444 | 444 | | (6) support group programs; |
---|
445 | 445 | | (7) arts and crafts programs; and |
---|
446 | 446 | | (8) other programs determined by the department to aid |
---|
447 | 447 | | inmates in the transition between confinement and society and to |
---|
448 | 448 | | reduce incidence of recidivism among inmates. |
---|
449 | 449 | | (b) The policy must require the staff described by |
---|
450 | 450 | | Subsection (a) to solicit feedback from the warden and chaplains of |
---|
451 | 451 | | each facility on the facility's needs regarding volunteer and |
---|
452 | 452 | | faith-based organization provided programs. |
---|
453 | 453 | | (c) The department shall include in the annual report |
---|
454 | 454 | | required under Section 493.0084(f) [that each warden submit a |
---|
455 | 455 | | report to the board not later than December 31 of each year that |
---|
456 | 456 | | includes, for the preceding fiscal year,] a summary of: |
---|
457 | 457 | | (1) the programs provided to inmates under this |
---|
458 | 458 | | section; and |
---|
459 | 459 | | (2) the actions taken [by the warden] to identify |
---|
460 | 460 | | volunteer and faith-based organizations willing to provide |
---|
461 | 461 | | programs to inmates and to encourage those organizations to provide |
---|
462 | 462 | | programs in the department facilities [warden's facility]. |
---|
463 | 463 | | SECTION 16. Section 501.017(b), Government Code, is amended |
---|
464 | 464 | | to read as follows: |
---|
465 | 465 | | (b) The department may not enforce a claim or lien |
---|
466 | 466 | | established under this section if the inmate has a surviving spouse |
---|
467 | 467 | | or a surviving dependent or child with a disability [disabled |
---|
468 | 468 | | child]. |
---|
469 | 469 | | SECTION 17. Section 501.054(h), Government Code, is amended |
---|
470 | 470 | | to read as follows: |
---|
471 | 471 | | (h) The department shall report to the legislature not later |
---|
472 | 472 | | than December 1 [January 15] of each even-numbered [odd-numbered] |
---|
473 | 473 | | year concerning the implementation of this section and the |
---|
474 | 474 | | participation of inmates and employees of the department in |
---|
475 | 475 | | education programs established under this section. |
---|
476 | 476 | | SECTION 18. Sections 501.057(a) and (b), Government Code, |
---|
477 | 477 | | are amended to read as follows: |
---|
478 | 478 | | (a) The department shall establish a system to identify |
---|
479 | 479 | | [mentally ill] inmates with mental illness who are nearing |
---|
480 | 480 | | eligibility for release on parole. |
---|
481 | 481 | | (b) Not later than the 30th day before the initial parole |
---|
482 | 482 | | eligibility date of an inmate identified as having a mental illness |
---|
483 | 483 | | [mentally ill], an institutional division psychiatrist shall |
---|
484 | 484 | | examine the inmate. The psychiatrist shall file a sworn |
---|
485 | 485 | | application for court-ordered temporary mental health services |
---|
486 | 486 | | under Chapter 574, Health and Safety Code, if the psychiatrist |
---|
487 | 487 | | determines that the inmate has a mental illness [is mentally ill] |
---|
488 | 488 | | and as a result of the illness the inmate meets at least one of the |
---|
489 | 489 | | criteria listed in Section 574.034 or 574.0345, Health and Safety |
---|
490 | 490 | | Code. |
---|
491 | 491 | | SECTION 19. The heading to Section 501.069, Government |
---|
492 | 492 | | Code, is amended to read as follows: |
---|
493 | 493 | | Sec. 501.069. OFFENDERS WITH INTELLECTUAL OR DEVELOPMENTAL |
---|
494 | 494 | | DISABILITIES [DEVELOPMENTALLY DISABLED OFFENDER] PROGRAM. |
---|
495 | 495 | | SECTION 20. Section 501.092(i), Government Code, is amended |
---|
496 | 496 | | to read as follows: |
---|
497 | 497 | | (i) Not later than December [September] 1 of each |
---|
498 | 498 | | even-numbered year, the department shall deliver a report of the |
---|
499 | 499 | | results of evaluations conducted under Subsection (b)(7) to the |
---|
500 | 500 | | lieutenant governor, the speaker of the house of representatives, |
---|
501 | 501 | | and each standing committee of the senate and house of |
---|
502 | 502 | | representatives having primary jurisdiction over the department. |
---|
503 | 503 | | SECTION 21. Subchapter C, Chapter 501, Government Code, is |
---|
504 | 504 | | amended by adding Section 501.104 to read as follows: |
---|
505 | 505 | | Sec. 501.104. STRATEGIC PLAN FOR REHABILITATION AND REENTRY |
---|
506 | 506 | | PROGRAMS. (a) In this section, "parole-voted program" has the |
---|
507 | 507 | | meaning assigned by Section 508.1521. |
---|
508 | 508 | | (b) The department and the Windham School District shall |
---|
509 | 509 | | jointly develop a strategic plan for the provision of |
---|
510 | 510 | | rehabilitation and reentry programs to inmates. The strategic plan |
---|
511 | 511 | | must include program objectives and timelines intended to: |
---|
512 | 512 | | (1) increase program efficiencies, including |
---|
513 | 513 | | eliminating delays in placing inmates into parole-voted programs; |
---|
514 | 514 | | (2) reduce program redundancies; |
---|
515 | 515 | | (3) incorporate new evidence-based and |
---|
516 | 516 | | evidence-informed program approaches; and |
---|
517 | 517 | | (4) incorporate technology-based solutions. |
---|
518 | 518 | | (b-1) The strategic plan must include clear steps and |
---|
519 | 519 | | timelines to reduce, by September 1, 2027, overall parole-voted |
---|
520 | 520 | | program placement timelines by at least 50 percent compared to the |
---|
521 | 521 | | timelines on August 31, 2023. This subsection expires December 31, |
---|
522 | 522 | | 2027. |
---|
523 | 523 | | (c) In developing the strategic plan, the department shall |
---|
524 | 524 | | evaluate therapeutic service contracts and obligations and |
---|
525 | 525 | | renegotiate the contracts and obligations as necessary to meet |
---|
526 | 526 | | current and projected program needs. |
---|
527 | 527 | | (d) The department and the Windham School District shall |
---|
528 | 528 | | jointly update the strategic plan at least once every five years. |
---|
529 | 529 | | (e) Not later than December 1 of each even-numbered year, |
---|
530 | 530 | | the department and the Windham School District shall submit a joint |
---|
531 | 531 | | report on the implementation of the strategic plan to the board, the |
---|
532 | 532 | | Board of Pardons and Paroles, the governor, the lieutenant |
---|
533 | 533 | | governor, the speaker of the house of representatives, and each |
---|
534 | 534 | | standing committee of the legislature with primary jurisdiction |
---|
535 | 535 | | over the department. |
---|
536 | 536 | | (f) In preparing the report under Subsection (e), the |
---|
537 | 537 | | department and the Windham School District shall consider the most |
---|
538 | 538 | | recent report prepared under Section 501.103. |
---|
539 | 539 | | SECTION 22. Section 501.138(c), Government Code, is amended |
---|
540 | 540 | | to read as follows: |
---|
541 | 541 | | (c) If the executive director [managed health care |
---|
542 | 542 | | administrator] has knowledge that a potential ground for removal |
---|
543 | 543 | | exists, the executive director [administrator] shall notify the |
---|
544 | 544 | | presiding officer of the committee of the potential ground. The |
---|
545 | 545 | | presiding officer shall then notify the governor and the attorney |
---|
546 | 546 | | general that a potential ground for removal exists. If the |
---|
547 | 547 | | potential ground for removal involves the presiding officer, the |
---|
548 | 548 | | executive director [managed health care administrator] shall |
---|
549 | 549 | | notify the next highest ranking officer of the committee, who shall |
---|
550 | 550 | | then notify the governor and the attorney general that a potential |
---|
551 | 551 | | ground for removal exists. |
---|
552 | 552 | | SECTION 23. Section 501.140, Government Code, is amended by |
---|
553 | 553 | | amending Subsection (b) and adding Subsection (d) to read as |
---|
554 | 554 | | follows: |
---|
555 | 555 | | (b) The training program must provide the person with |
---|
556 | 556 | | information regarding: |
---|
557 | 557 | | (1) the law governing committee [legislation that |
---|
558 | 558 | | created the committee] operations; |
---|
559 | 559 | | (2) the programs, functions, rules, and budget of |
---|
560 | 560 | | [operated by] the committee; |
---|
561 | 561 | | (3) the scope of and limitations on the rulemaking |
---|
562 | 562 | | authority [role and functions] of the committee; |
---|
563 | 563 | | (4) [the rules of the committee with an emphasis on the |
---|
564 | 564 | | rules that relate to disciplinary and investigatory authority; |
---|
565 | 565 | | [(5) the current budget for the committee; |
---|
566 | 566 | | [(6)] the results of the most recent formal audit of |
---|
567 | 567 | | the committee; |
---|
568 | 568 | | (5) [(7)] the requirements of: |
---|
569 | 569 | | (A) laws relating to [the] open meetings, public |
---|
570 | 570 | | information, administrative procedure, and disclosing conflicts of |
---|
571 | 571 | | interest [law, Chapter 551]; and |
---|
572 | 572 | | (B) other laws applicable to members of a state |
---|
573 | 573 | | policy-making body in performing their duties [the public |
---|
574 | 574 | | information law, Chapter 552; |
---|
575 | 575 | | [(C) the administrative procedure law, Chapter |
---|
576 | 576 | | 2001; and |
---|
577 | 577 | | [(D) other laws relating to public officials, |
---|
578 | 578 | | including conflict-of-interest laws]; and |
---|
579 | 579 | | (6) [(8)] any applicable ethics policies adopted by |
---|
580 | 580 | | the department [committee] or the Texas Ethics Commission. |
---|
581 | 581 | | (d) The executive director shall create a training manual |
---|
582 | 582 | | that includes the information required by Subsection (b). The |
---|
583 | 583 | | executive director shall distribute a copy of the training manual |
---|
584 | 584 | | annually to each member of the committee. Each member of the |
---|
585 | 585 | | committee shall sign and submit to the executive director a |
---|
586 | 586 | | statement acknowledging that the member received and has reviewed |
---|
587 | 587 | | the training manual. |
---|
588 | 588 | | SECTION 24. Section 508.036, Government Code, is amended by |
---|
589 | 589 | | adding Subsection (a-1) to read as follows: |
---|
590 | 590 | | (a-1) A report under Subsection (a)(5) must include: |
---|
591 | 591 | | (1) the following information with respect to the |
---|
592 | 592 | | release of inmates on medically recommended intensive supervision |
---|
593 | 593 | | under Section 508.146 for the preceding 10-year period: |
---|
594 | 594 | | (A) the number of inmates released on medically |
---|
595 | 595 | | recommended intensive supervision; |
---|
596 | 596 | | (B) an explanation of any trends; |
---|
597 | 597 | | (C) release revocation rates; |
---|
598 | 598 | | (D) types of modifications of conditions of |
---|
599 | 599 | | release or graduated sanctions imposed; and |
---|
600 | 600 | | (E) the approval rate of inmates reviewed by a |
---|
601 | 601 | | parole panel described by Section 508.146(e) for release on |
---|
602 | 602 | | medically recommended intensive supervision; |
---|
603 | 603 | | (2) an evaluation of the consistency with which |
---|
604 | 604 | | graduated sanctions are imposed for releasees or release on parole |
---|
605 | 605 | | or mandatory supervision is revoked; |
---|
606 | 606 | | (3) an evaluation of the consistency with which |
---|
607 | 607 | | special conditions are imposed under Subchapter I; and |
---|
608 | 608 | | (4) the rates of consensus between voting outcomes and |
---|
609 | 609 | | hearing officer recommendations and between voting outcomes and |
---|
610 | 610 | | other recommendations made by an employee authorized to make |
---|
611 | 611 | | recommendations for special conditions and graduated sanctions. |
---|
612 | 612 | | SECTION 25. Section 508.0362, Government Code, is amended |
---|
613 | 613 | | by amending Subsections (a) and (b) and adding Subsection (d) to |
---|
614 | 614 | | read as follows: |
---|
615 | 615 | | (a) [(1)] A person who is appointed to and qualifies for |
---|
616 | 616 | | office as a member of the board may not vote, deliberate, or be |
---|
617 | 617 | | counted as a member in attendance at a meeting of the board until |
---|
618 | 618 | | the person completes [at least one course of] a training program |
---|
619 | 619 | | that complies with this section. |
---|
620 | 620 | | [(2)] A parole commissioner employed by the board may |
---|
621 | 621 | | not vote or deliberate on a matter described by Section 508.0441 |
---|
622 | 622 | | until the person completes [at least one course of] a training |
---|
623 | 623 | | program that complies with this section. |
---|
624 | 624 | | (b) The [A] training program must provide the person with |
---|
625 | 625 | | information [to the person] regarding: |
---|
626 | 626 | | (1) the law governing board operations [enabling |
---|
627 | 627 | | legislation that created the board]; |
---|
628 | 628 | | (2) the programs, functions, rules, and budget of |
---|
629 | 629 | | [operated by] the board; |
---|
630 | 630 | | (3) the scope of and limitations on the rulemaking |
---|
631 | 631 | | authority [role and functions] of the board [and parole |
---|
632 | 632 | | commissioners]; |
---|
633 | 633 | | (4) [the rules of the board; |
---|
634 | 634 | | [(5) the current budget for the board; |
---|
635 | 635 | | [(6)] the results of the most recent formal audit of |
---|
636 | 636 | | the board; |
---|
637 | 637 | | (5) [(7)] the requirements of [the]: |
---|
638 | 638 | | (A) laws relating to open meetings, public |
---|
639 | 639 | | information, administrative procedure, and disclosing conflicts of |
---|
640 | 640 | | interest [law, Chapter 551]; and |
---|
641 | 641 | | (B) other laws applicable to members of a state |
---|
642 | 642 | | policy-making body in performing their duties [open records law, |
---|
643 | 643 | | Chapter 552; and |
---|
644 | 644 | | [(C) administrative procedure law, Chapter 2001; |
---|
645 | 645 | | [(8) the requirements of the conflict of interest laws |
---|
646 | 646 | | and other laws relating to public officials]; and |
---|
647 | 647 | | (6) [(9)] any applicable ethics policies adopted by |
---|
648 | 648 | | the board or the Texas Ethics Commission. |
---|
649 | 649 | | (d) The board administrator shall create a training manual |
---|
650 | 650 | | that includes the information required by Subsection (b). The |
---|
651 | 651 | | board administrator shall distribute a copy of the training manual |
---|
652 | 652 | | annually to each board member and parole commissioner. Each board |
---|
653 | 653 | | member and parole commissioner shall sign and submit to the board |
---|
654 | 654 | | administrator a statement acknowledging that the person received |
---|
655 | 655 | | and has reviewed the training manual. |
---|
656 | 656 | | SECTION 26. Subchapter B, Chapter 508, Government Code, is |
---|
657 | 657 | | amended by adding Sections 508.0421 and 508.0455 to read as |
---|
658 | 658 | | follows: |
---|
659 | 659 | | Sec. 508.0421. TRAINING PROGRAM ON MEDICALLY RECOMMENDED |
---|
660 | 660 | | INTENSIVE SUPERVISION. (a) The board shall develop and provide a |
---|
661 | 661 | | comprehensive training program on the release of inmates on |
---|
662 | 662 | | medically recommended intensive supervision under Section 508.146 |
---|
663 | 663 | | for board members and parole commissioners serving on a parole |
---|
664 | 664 | | panel under that section. The program must include: |
---|
665 | 665 | | (1) background information on medically recommended |
---|
666 | 666 | | intensive supervision; and |
---|
667 | 667 | | (2) training and education regarding: |
---|
668 | 668 | | (A) statutory requirements and board rules for |
---|
669 | 669 | | the consideration and release of inmates on medically recommended |
---|
670 | 670 | | intensive supervision; |
---|
671 | 671 | | (B) the supervision of persons released on |
---|
672 | 672 | | medically recommended intensive supervision, including information |
---|
673 | 673 | | on: |
---|
674 | 674 | | (i) the imposition of graduated sanctions |
---|
675 | 675 | | on a releasee for a violation of a condition of release; and |
---|
676 | 676 | | (ii) the imposition and modification of |
---|
677 | 677 | | special conditions on a releasee; and |
---|
678 | 678 | | (C) the medical conditions affecting inmates who |
---|
679 | 679 | | are eligible for medically recommended intensive supervision, |
---|
680 | 680 | | including treatments for those conditions. |
---|
681 | 681 | | (b) In developing the training program, the board shall: |
---|
682 | 682 | | (1) use available data on medically recommended |
---|
683 | 683 | | intensive supervision; and |
---|
684 | 684 | | (2) consult with the division and a practicing |
---|
685 | 685 | | physician and psychiatrist as needed. |
---|
686 | 686 | | (c) The board shall develop a condensed version of the |
---|
687 | 687 | | training program that includes only the training and education |
---|
688 | 688 | | described by Subsection (a)(2). |
---|
689 | 689 | | (d) A member of a parole panel described by Section |
---|
690 | 690 | | 508.146(e) may not participate in a vote of the panel related to the |
---|
691 | 691 | | release of an inmate on medically recommended intensive supervision |
---|
692 | 692 | | until the member completes the training program described by |
---|
693 | 693 | | Subsection (a). Each member must complete the version of the |
---|
694 | 694 | | training program described by Subsection (c) biennially after |
---|
695 | 695 | | completing the initial training to remain eligible to participate |
---|
696 | 696 | | in a vote of the panel related to the release of an inmate on |
---|
697 | 697 | | medically recommended intensive supervision. The board shall |
---|
698 | 698 | | inform each member of any subsequent changes to the training |
---|
699 | 699 | | developed under Subsection (a) that are made after the member |
---|
700 | 700 | | completes the training required by this subsection. |
---|
701 | 701 | | Sec. 508.0455. PAROLE PANEL DATA. (a) The board shall |
---|
702 | 702 | | coordinate with the department to collect and analyze data on the |
---|
703 | 703 | | release of inmates on parole, mandatory supervision, or medically |
---|
704 | 704 | | recommended intensive supervision and the use of special conditions |
---|
705 | 705 | | and graduated sanctions to evaluate outcomes and trends. |
---|
706 | 706 | | (b) Using the data collected under Subsection (a), the board |
---|
707 | 707 | | shall determine a method for evaluating the consistency of |
---|
708 | 708 | | revocation decisions across all three-voter parole panels. |
---|
709 | 709 | | (c) The board shall use its findings from the data collected |
---|
710 | 710 | | under this section and the information described by Sections |
---|
711 | 711 | | 508.036(a-1) and 508.1445(b) in developing the training required |
---|
712 | 712 | | under Sections 508.041 and 508.042. |
---|
713 | 713 | | SECTION 27. Section 508.054(c), Government Code, is amended |
---|
714 | 714 | | to read as follows: |
---|
715 | 715 | | (c) The board shall periodically notify the complaint |
---|
716 | 716 | | parties of the status of the complaint until final disposition |
---|
717 | 717 | | unless the notice would jeopardize an ongoing investigation. |
---|
718 | 718 | | SECTION 28. Section 508.1131, Government Code, is amended |
---|
719 | 719 | | by amending Subsection (a) and adding Subsection (a-1) to read as |
---|
720 | 720 | | follows: |
---|
721 | 721 | | (a) The Texas Board of Criminal Justice by rule [executive |
---|
722 | 722 | | director] shall adopt a salary career ladder for parole officers. |
---|
723 | 723 | | In adopting the salary career ladder, the Texas Board of Criminal |
---|
724 | 724 | | Justice shall, in consultation with relevant stakeholders, review |
---|
725 | 725 | | the current salary structure and align the salary career ladder |
---|
726 | 726 | | with the future needs of the department. |
---|
727 | 727 | | (a-1) The Texas Board of Criminal Justice may revise the |
---|
728 | 728 | | [The] salary career ladder as needed [must base a parole officer's |
---|
729 | 729 | | salary on the officer's classification and years of service with |
---|
730 | 730 | | the department]. |
---|
731 | 731 | | SECTION 29. Section 508.1142, Government Code, is amended |
---|
732 | 732 | | to read as follows: |
---|
733 | 733 | | Sec. 508.1142. PAROLE OFFICER MAXIMUM CASELOADS. (a) The |
---|
734 | 734 | | Texas Board of Criminal Justice by rule [department] shall |
---|
735 | 735 | | establish [adopt a policy that establishes] guidelines for a |
---|
736 | 736 | | maximum caseload for a [each] parole officer [of: |
---|
737 | 737 | | [(1) 60 active releasees, if the releasees are not in a |
---|
738 | 738 | | specialized program described by Subdivisions (2)-(6); |
---|
739 | 739 | | [(2) 35 active releasees, if the releasees are in the |
---|
740 | 740 | | special needs offender program; |
---|
741 | 741 | | [(3) 35 active releasees, if the releasees are in the |
---|
742 | 742 | | therapeutic community substance abuse aftercare treatment program; |
---|
743 | 743 | | [(4) 24 active releasees, if the releasees are in the |
---|
744 | 744 | | sex offender program; |
---|
745 | 745 | | [(5) 20 active releasees, if the releasees are |
---|
746 | 746 | | electronically monitored; and |
---|
747 | 747 | | [(6) 11 active releasees, if the releasees are in the |
---|
748 | 748 | | super-intensive supervision program]. |
---|
749 | 749 | | (b) The Texas Board of Criminal Justice: |
---|
750 | 750 | | (1) shall periodically review the guidelines |
---|
751 | 751 | | established under Subsection (a) to ensure that the guidelines are |
---|
752 | 752 | | achievable and informed by research-supported supervision |
---|
753 | 753 | | practices; and |
---|
754 | 754 | | (2) may revise the guidelines as needed. |
---|
755 | 755 | | (c) The department shall conduct a job task analysis and |
---|
756 | 756 | | workload study with respect to parole officers before the Texas |
---|
757 | 757 | | Board of Criminal Justice adopts or amends the guidelines under |
---|
758 | 758 | | this section [If the department is unable to meet the maximum |
---|
759 | 759 | | caseload guidelines, the department shall submit a report to the |
---|
760 | 760 | | Legislative Budget Board, at the end of each fiscal year in which |
---|
761 | 761 | | the department fails to meet the guidelines, stating the amount of |
---|
762 | 762 | | money needed by the department to meet the guidelines]. |
---|
763 | 763 | | SECTION 30. Subchapter D, Chapter 508, Government Code, is |
---|
764 | 764 | | amended by adding Sections 508.1143 and 508.120 to read as follows: |
---|
765 | 765 | | Sec. 508.1143. REPORT ON PAROLE SUPERVISION APPROACHES AND |
---|
766 | 766 | | MAXIMUM CASELOADS. (a) Not later than September 1, 2026, the |
---|
767 | 767 | | department, in consultation with relevant stakeholders, shall: |
---|
768 | 768 | | (1) review current parole supervision practices and |
---|
769 | 769 | | caseload approaches; and |
---|
770 | 770 | | (2) submit a report on proposed parole supervision |
---|
771 | 771 | | practices and caseload approaches, including proposed maximum |
---|
772 | 772 | | caseloads for parole officers, to the Texas Board of Criminal |
---|
773 | 773 | | Justice, the board, the governor, the lieutenant governor, the |
---|
774 | 774 | | speaker of the house of representatives, and each standing |
---|
775 | 775 | | committee of the legislature with primary jurisdiction over the |
---|
776 | 776 | | department. |
---|
777 | 777 | | (b) The report must include: |
---|
778 | 778 | | (1) an evaluation of the current caseload identified |
---|
779 | 779 | | as not being actively worked on by a parole officer, considering the |
---|
780 | 780 | | assessed parole officer staffing needs; and |
---|
781 | 781 | | (2) the results of any department pilot project |
---|
782 | 782 | | assessing changes to parole officer supervision practices and |
---|
783 | 783 | | caseload approaches. |
---|
784 | 784 | | (c) A pilot project assessing supervision practices and |
---|
785 | 785 | | caseload approach changes described by Subsection (b)(2) may not be |
---|
786 | 786 | | implemented statewide before submission of the report required by |
---|
787 | 787 | | Subsection (a)(2). |
---|
788 | 788 | | (d) This section expires September 1, 2027. |
---|
789 | 789 | | Sec. 508.120. PROHIBITION ON CERTAIN DIVISION ACTIONS |
---|
790 | 790 | | INVOLVING SPECIAL CONDITIONS. The division may not: |
---|
791 | 791 | | (1) make recommendations regarding the imposition of a |
---|
792 | 792 | | special condition before an inmate is released on parole or to |
---|
793 | 793 | | mandatory supervision; or |
---|
794 | 794 | | (2) review the voting decisions of a parole panel with |
---|
795 | 795 | | respect to the imposition of a special condition. |
---|
796 | 796 | | SECTION 31. Section 508.1445(b), Government Code, is |
---|
797 | 797 | | amended to read as follows: |
---|
798 | 798 | | (b) The report must include: |
---|
799 | 799 | | (1) a brief explanation of the parole guidelines, |
---|
800 | 800 | | including how the board: |
---|
801 | 801 | | (A) defines the risk factors and offense severity |
---|
802 | 802 | | levels; and |
---|
803 | 803 | | (B) determines the range of recommended parole |
---|
804 | 804 | | approval rates for each guideline score; |
---|
805 | 805 | | (2) a comparison of the range of recommended parole |
---|
806 | 806 | | approval rates under the parole guidelines to the actual approval |
---|
807 | 807 | | rates for individual parole panel members, each regional |
---|
808 | 808 | | three-voter parole panel [offices], and the state as a whole; [and] |
---|
809 | 809 | | (3) a description of instances in which the actual |
---|
810 | 810 | | parole approval rates, including rates for each regional |
---|
811 | 811 | | three-voter parole panel, do not meet the range of recommended |
---|
812 | 812 | | parole approval rates under the parole guidelines, an explanation |
---|
813 | 813 | | of the variations, and a list of actions that the board has taken or |
---|
814 | 814 | | will take to meet the guidelines; and |
---|
815 | 815 | | (4) information regarding the rates at which each |
---|
816 | 816 | | regional three-voter parole panel imposes each special condition |
---|
817 | 817 | | when approving release on parole and an explanation for any |
---|
818 | 818 | | significant variations among the panels. |
---|
819 | 819 | | SECTION 32. Section 508.146, Government Code, is amended by |
---|
820 | 820 | | adding Subsections (g), (h), (i), and (j) to read as follows: |
---|
821 | 821 | | (g) The board shall adopt rules to administer this section. |
---|
822 | 822 | | The rules must: |
---|
823 | 823 | | (1) specify the procedures for evaluating the |
---|
824 | 824 | | prognosis of inmates who are eligible for medically recommended |
---|
825 | 825 | | intensive supervision under Subsection (a) because of a qualifying |
---|
826 | 826 | | medical condition; |
---|
827 | 827 | | (2) specify the factors, other than an inmate's |
---|
828 | 828 | | condition, that are relevant or statutorily required to release an |
---|
829 | 829 | | inmate on medically recommended intensive supervision; and |
---|
830 | 830 | | (3) define what constitutes a threat to public safety |
---|
831 | 831 | | for purposes of Subsections (a)(2) and (f) and specify the factors |
---|
832 | 832 | | that a parole panel described by Subsection (e) must consider when |
---|
833 | 833 | | determining whether an inmate constitutes a threat to public |
---|
834 | 834 | | safety. |
---|
835 | 835 | | (h) The procedures described by Subsection (g)(1) must: |
---|
836 | 836 | | (1) require a review of the inmate's condition by at |
---|
837 | 837 | | least one health care practitioner; and |
---|
838 | 838 | | (2) require each health care practitioner who reviews |
---|
839 | 839 | | an inmate's condition as described by Subdivision (1) to provide |
---|
840 | 840 | | the parole panel described by Subsection (e), before the panel |
---|
841 | 841 | | makes a final determination under this section, a written report on |
---|
842 | 842 | | the inmate's condition that: |
---|
843 | 843 | | (A) is in plain language that is understandable |
---|
844 | 844 | | by a nonmedical professional; |
---|
845 | 845 | | (B) specifically describes how the inmate's |
---|
846 | 846 | | condition and treatment for the condition will affect the inmate's |
---|
847 | 847 | | cognitive and physical abilities and limitations; and |
---|
848 | 848 | | (C) contains other information as required by the |
---|
849 | 849 | | board. |
---|
850 | 850 | | (i) The board may consult with other relevant entities for |
---|
851 | 851 | | purposes of establishing information required in the report under |
---|
852 | 852 | | Subsection (h)(2)(C) including: |
---|
853 | 853 | | (1) the Correctional Managed Health Care Committee; |
---|
854 | 854 | | (2) the division; |
---|
855 | 855 | | (3) the Texas Correctional Office on Offenders with |
---|
856 | 856 | | Medical or Mental Impairments; |
---|
857 | 857 | | (4) the Texas Tech University Health Sciences Center; |
---|
858 | 858 | | and |
---|
859 | 859 | | (5) The University of Texas Medical Branch at |
---|
860 | 860 | | Galveston. |
---|
861 | 861 | | (j) Information regarding the identity of a health care |
---|
862 | 862 | | practitioner providing a report described by Subsection (h)(2), |
---|
863 | 863 | | other than information relating to the practitioner's |
---|
864 | 864 | | specialization, is excepted from required disclosure under Chapter |
---|
865 | 865 | | 552. The board may release the information or redact or otherwise |
---|
866 | 866 | | withhold the information from disclosure under Chapter 552. |
---|
867 | 867 | | SECTION 33. Section 508.152, Government Code, is amended by |
---|
868 | 868 | | adding Subsection (b-3) to read as follows: |
---|
869 | 869 | | (b-3) For purposes of Subsection (b-1)(1), an inmate's |
---|
870 | 870 | | individual treatment plan must include a comprehensive list, in |
---|
871 | 871 | | plain language, of the inmate's program participation that: |
---|
872 | 872 | | (1) includes: |
---|
873 | 873 | | (A) state-funded programs; |
---|
874 | 874 | | (B) intensive volunteer programs; and |
---|
875 | 875 | | (C) program enrollment and completion dates; and |
---|
876 | 876 | | (2) distinguishes between required evidence-based |
---|
877 | 877 | | programs and correctional elective programs that are non-evidence |
---|
878 | 878 | | based or non-evidence informed. |
---|
879 | 879 | | SECTION 34. Subchapter E, Chapter 508, Government Code, is |
---|
880 | 880 | | amended by adding Sections 508.1521 and 508.158 to read as follows: |
---|
881 | 881 | | Sec. 508.1521. REQUIRED INDIVIDUAL TREATMENT PLAN PROGRAMS |
---|
882 | 882 | | AND PAROLE-VOTED PROGRAMS. (a) In this section: |
---|
883 | 883 | | (1) "Parole-voted program" means a program or class |
---|
884 | 884 | | that the board intends to require an inmate to complete before |
---|
885 | 885 | | releasing the inmate on parole or to mandatory supervision. |
---|
886 | 886 | | (2) "Required individual treatment plan program" |
---|
887 | 887 | | means a program or class that is required in an inmate's individual |
---|
888 | 888 | | treatment plan under Section 508.152 other than a parole-voted |
---|
889 | 889 | | program. |
---|
890 | 890 | | (b) The department, the board, and the Windham School |
---|
891 | 891 | | District shall: |
---|
892 | 892 | | (1) develop evidence-based program criteria specific |
---|
893 | 893 | | to required individual treatment plan programs and parole-voted |
---|
894 | 894 | | programs to be used in evaluating and assessing those programs; |
---|
895 | 895 | | (2) develop and maintain a required individual |
---|
896 | 896 | | treatment plan programs list and a parole-voted programs list, |
---|
897 | 897 | | provided that a non-evidence-based or non-evidence-informed |
---|
898 | 898 | | program may not be included on either list; |
---|
899 | 899 | | (3) develop procedures for: |
---|
900 | 900 | | (A) evaluating programs to be added to the |
---|
901 | 901 | | required individual treatment plan programs list or the |
---|
902 | 902 | | parole-voted programs list; |
---|
903 | 903 | | (B) assessing current required individual |
---|
904 | 904 | | treatment plan programs and parole-voted programs; and |
---|
905 | 905 | | (C) removing programs that do not meet the |
---|
906 | 906 | | criteria developed under Subdivision (1) from the lists of required |
---|
907 | 907 | | individual treatment plan programs and parole-voted programs; and |
---|
908 | 908 | | (4) coordinate on required individual treatment plan |
---|
909 | 909 | | and parole-voted programming options through regular meetings. |
---|
910 | 910 | | (c) In developing and maintaining the required individual |
---|
911 | 911 | | treatment plan programs list, the department and the Windham School |
---|
912 | 912 | | District have joint authority to decide which programs are included |
---|
913 | 913 | | on the required individual treatment plan list. |
---|
914 | 914 | | (d) In developing and maintaining the parole-voted programs |
---|
915 | 915 | | list, the department and the Windham School District shall present |
---|
916 | 916 | | programming options and program evaluation results to the board, |
---|
917 | 917 | | provided that the board has the sole authority to decide which |
---|
918 | 918 | | programs are included on the parole-voted programs list. |
---|
919 | 919 | | (e) The department shall: |
---|
920 | 920 | | (1) collect and analyze parole-voted program data on a |
---|
921 | 921 | | rolling basis, including: |
---|
922 | 922 | | (A) the number of inmates waiting for placement |
---|
923 | 923 | | into a program; |
---|
924 | 924 | | (B) the waitlist times for placement into a |
---|
925 | 925 | | program; |
---|
926 | 926 | | (C) the reasons for program placement delays, |
---|
927 | 927 | | other than delays due to a program start date specified by the |
---|
928 | 928 | | board; |
---|
929 | 929 | | (D) vote revision requests related to program |
---|
930 | 930 | | ineligibility, placement delays, and other factors that may affect |
---|
931 | 931 | | parole release timelines; and |
---|
932 | 932 | | (E) the number of inmates unable to complete |
---|
933 | 933 | | parole-voted programs before the earliest date on which the inmates |
---|
934 | 934 | | would have been eligible to be released following program |
---|
935 | 935 | | completion; |
---|
936 | 936 | | (2) use the data described by Subdivision (1) to: |
---|
937 | 937 | | (A) calculate parole-voted program waitlist |
---|
938 | 938 | | times; |
---|
939 | 939 | | (B) track and reduce parole-voted program |
---|
940 | 940 | | enrollment timelines; and |
---|
941 | 941 | | (C) work to eliminate parole-voted program |
---|
942 | 942 | | placement delays; and |
---|
943 | 943 | | (3) include the data and analysis described by |
---|
944 | 944 | | Subdivision (1) in the strategic plan required under Section |
---|
945 | 945 | | 501.104. |
---|
946 | 946 | | (f) The department shall prioritize the placement of |
---|
947 | 947 | | inmates into parole-voted programs, ensure parole-voted program |
---|
948 | 948 | | capacity meets programming needs, and expand parole-voted program |
---|
949 | 949 | | access in accordance with the strategic plan required under Section |
---|
950 | 950 | | 501.104. |
---|
951 | 951 | | Sec. 508.158. SPECIAL CONDITIONS WORK GROUP. (a) The board |
---|
952 | 952 | | and department shall jointly establish a work group consisting of |
---|
953 | 953 | | board members and parole commissioners who actively serve on a |
---|
954 | 954 | | parole panel and staff representatives from the division to assess |
---|
955 | 955 | | the impact and effectiveness of special conditions. |
---|
956 | 956 | | (b) The work group shall: |
---|
957 | 957 | | (1) discuss the efficacy of special conditions; |
---|
958 | 958 | | (2) assess the continuing need for the use of specific |
---|
959 | 959 | | special conditions; and |
---|
960 | 960 | | (3) identify potential modifications to special |
---|
961 | 961 | | conditions for the board to consider adopting. |
---|
962 | 962 | | (c) In discussing the efficacy of special conditions under |
---|
963 | 963 | | Subsection (b), the work group shall solicit input from parole |
---|
964 | 964 | | officers and other relevant parties. |
---|
965 | 965 | | (d) The work group shall meet annually. |
---|
966 | 966 | | SECTION 35. Section 614.009, Health and Safety Code, is |
---|
967 | 967 | | amended to read as follows: |
---|
968 | 968 | | Sec. 614.009. BIENNIAL REPORT. Not later than December |
---|
969 | 969 | | [February] 1 of each even-numbered [odd-numbered] year, the office |
---|
970 | 970 | | shall present to the board and file with the governor, lieutenant |
---|
971 | 971 | | governor, and speaker of the house of representatives a report |
---|
972 | 972 | | giving the details of the office's activities during the preceding |
---|
973 | 973 | | biennium. The report must include: |
---|
974 | 974 | | (1) an evaluation of any demonstration project |
---|
975 | 975 | | undertaken by the office; |
---|
976 | 976 | | (2) an evaluation of the progress made by the office |
---|
977 | 977 | | toward developing a plan for meeting the treatment, rehabilitative, |
---|
978 | 978 | | and educational needs of offenders with special needs; |
---|
979 | 979 | | (3) information on the provision of services under |
---|
980 | 980 | | Section 614.021 to wrongfully imprisoned persons; |
---|
981 | 981 | | (4) recommendations of the office made in accordance |
---|
982 | 982 | | with Section 614.007(5); |
---|
983 | 983 | | (5) [(4)] an evaluation of the development and |
---|
984 | 984 | | implementation of the continuity of care and service programs |
---|
985 | 985 | | established under Sections 614.013, 614.014, 614.015, 614.016, and |
---|
986 | 986 | | 614.018, changes in rules, policies, or procedures relating to the |
---|
987 | 987 | | programs, future plans for the programs, and any recommendations |
---|
988 | 988 | | for legislation; and |
---|
989 | 989 | | (6) [(5)] any other recommendations that the office |
---|
990 | 990 | | considers appropriate. |
---|
991 | 991 | | SECTION 36. The following provisions are repealed: |
---|
992 | 992 | | (1) Section 494.011, Government Code; |
---|
993 | 993 | | (2) Section 497.111, Government Code; |
---|
994 | 994 | | (3) Section 501.062(c), Government Code; |
---|
995 | 995 | | (4) Section 507.003, Government Code; |
---|
996 | 996 | | (5) Section 507.004, Government Code; |
---|
997 | 997 | | (6) Sections 508.1131(b) and (c), Government Code; and |
---|
998 | 998 | | (7) Section 614.021(c), Health and Safety Code. |
---|
999 | 999 | | SECTION 37. The change in law made by this Act to Section |
---|
1000 | 1000 | | 492.002, Government Code, does not affect the entitlement of a |
---|
1001 | 1001 | | member serving on the Texas Board of Criminal Justice before the |
---|
1002 | 1002 | | effective date of this Act to continue to serve for the remainder of |
---|
1003 | 1003 | | the member's term. As the terms of members expire, the governor |
---|
1004 | 1004 | | shall appoint or reappoint members who have the qualifications |
---|
1005 | 1005 | | required by Section 492.002(a), Government Code, as amended by this |
---|
1006 | 1006 | | Act. |
---|
1007 | 1007 | | SECTION 38. (a) Sections 492.0031, 501.140, and 508.0362, |
---|
1008 | 1008 | | Government Code, as amended by this Act, apply to a member of the |
---|
1009 | 1009 | | Texas Board of Criminal Justice, the Correctional Managed Health |
---|
1010 | 1010 | | Care Committee, or the Board of Pardons and Paroles, as applicable, |
---|
1011 | 1011 | | appointed before, on, or after the effective date of this Act. |
---|
1012 | 1012 | | (b) A member of the Texas Board of Criminal Justice, the |
---|
1013 | 1013 | | Correctional Managed Health Care Committee, or the Board of Pardons |
---|
1014 | 1014 | | and Paroles who, before the effective date of this Act, completed |
---|
1015 | 1015 | | the training program required by Section 492.0031, 501.140, or |
---|
1016 | 1016 | | 508.0362, Government Code, as that law existed before the effective |
---|
1017 | 1017 | | date of this Act, is only required to complete additional training |
---|
1018 | 1018 | | on the subjects added by this Act to the training program required |
---|
1019 | 1019 | | by Section 492.0031, 501.140, or 508.0362, Government Code, as |
---|
1020 | 1020 | | applicable. A member described by this subsection may not vote, |
---|
1021 | 1021 | | deliberate, or be counted as a member in attendance at a meeting of |
---|
1022 | 1022 | | the applicable board or committee held on or after December 1, 2025, |
---|
1023 | 1023 | | until the member completes the additional training. |
---|
1024 | 1024 | | SECTION 39. (a) Section 508.0362, Government Code, as |
---|
1025 | 1025 | | amended by this Act, applies to a parole commissioner employed by |
---|
1026 | 1026 | | the Board of Pardons and Paroles before, on, or after the effective |
---|
1027 | 1027 | | date of this Act. |
---|
1028 | 1028 | | (b) A parole commissioner who, before the effective date of |
---|
1029 | 1029 | | this Act, completed the training program required by Section |
---|
1030 | 1030 | | 508.0362, Government Code, as that law existed before the effective |
---|
1031 | 1031 | | date of this Act, is only required to complete additional training |
---|
1032 | 1032 | | on the subjects added by this Act to the training program required |
---|
1033 | 1033 | | by that section. A parole commissioner described by this |
---|
1034 | 1034 | | subsection may not vote or deliberate on a matter described by |
---|
1035 | 1035 | | Section 508.0441, Government Code, occurring on or after December |
---|
1036 | 1036 | | 1, 2025, until the member completes the additional training. |
---|
1037 | 1037 | | SECTION 40. As soon as practicable after the effective date |
---|
1038 | 1038 | | of this Act: |
---|
1039 | 1039 | | (1) the Texas Board of Criminal Justice shall adopt |
---|
1040 | 1040 | | the rules required by Sections 499.101(a), 508.1131, and 508.1142, |
---|
1041 | 1041 | | Government Code, as amended by this Act; and |
---|
1042 | 1042 | | (2) the Board of Pardons and Paroles shall adopt the |
---|
1043 | 1043 | | rules required by Section 508.146(g), Government Code, as added by |
---|
1044 | 1044 | | this Act. |
---|
1045 | 1045 | | SECTION 41. (a) Not later than December 1, 2025, the Board |
---|
1046 | 1046 | | of Pardons and Paroles shall make the training required by Section |
---|
1047 | 1047 | | 508.0421, Government Code, as added by this Act, available to board |
---|
1048 | 1048 | | members and parole commissioners described by Subsection (a) of |
---|
1049 | 1049 | | that section. |
---|
1050 | 1050 | | (b) Notwithstanding Section 508.0421(d), Government Code, |
---|
1051 | 1051 | | as added by this Act, a board member or parole commissioner to whom |
---|
1052 | 1052 | | that section applies is not required to complete the training |
---|
1053 | 1053 | | required by that section until December 1, 2025. |
---|
1054 | 1054 | | SECTION 42. Not later than September 1, 2026: |
---|
1055 | 1055 | | (1) the Texas Department of Criminal Justice and the |
---|
1056 | 1056 | | Windham School District shall develop the strategic plan required |
---|
1057 | 1057 | | by Section 501.104, Government Code, as added by this Act; and |
---|
1058 | 1058 | | (2) the Texas Department of Criminal Justice shall |
---|
1059 | 1059 | | revise each inmate's individual treatment plan as necessary to |
---|
1060 | 1060 | | conform to the requirements of Section 508.152(b-3), Government |
---|
1061 | 1061 | | Code, as added by this Act. |
---|
1062 | 1062 | | SECTION 43. The Board of Pardons and Paroles is not required |
---|
1063 | 1063 | | to comply with the changes in law made by this Act to Sections |
---|
1064 | 1064 | | 508.036 and 508.1445, Government Code, until September 1, 2026. |
---|
1065 | 1065 | | SECTION 44. This Act takes effect September 1, 2025. |
---|