89R9898 BCH/JDK-D
By: Canales H.B. No. 1515
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Texas Board of
Criminal Justice and the Texas Department of Criminal Justice and
to the functions of the Board of Pardons and Paroles, the
Correctional Managed Health Care Committee, the Texas Correctional
Office on Offenders with Medical or Mental Impairments, and the
Windham School District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 19.003, Education Code, is amended to
read as follows:
Sec. 19.003. GOALS OF THE DISTRICT. The goals of the
district in educating its students are to:
(1) reduce recidivism;
(2) reduce the cost of confinement or imprisonment;
(3) increase the success of former students [inmates]
in obtaining and maintaining employment; and
(4) provide an incentive to students [inmates] to
behave in positive ways during confinement or imprisonment.
SECTION 2. Section 19.004(c), Education Code, is amended to
read as follows:
(c) The district shall:
(1) develop educational programs specifically
designed for persons eligible under Section 19.005 and ensure that
those programs, such as high school equivalency certificate [GED]
and English as a second language [ESL], are integrated with an
applied career and technical [vocational] context leading to
employment;
(2) [(1-a)] develop career and technical education
[vocational training] programs specifically designed for persons
eligible under Section 19.005 and prioritize the programs that
result in certification or licensure, considering the impact that a
previous felony conviction has on the ability to secure
certification, licensure, and employment;
(3) [(1-b)] continually assess job markets in this
state and update, augment, and expand the career and technical
education [vocational training] programs developed under
Subdivision (2) [(1-a)] as necessary to provide relevant and
marketable skills to students; and
(4) [(2)] coordinate educational programs and
services in the department with those provided by other state
agencies, by political subdivisions, and by persons who provide
programs and services under contract.
SECTION 3. Section 19.0041(a), Education Code, is amended
to read as follows:
(a) To evaluate the effectiveness of its programs, the
Windham School District shall compile and analyze information for
each of its programs, including performance-based information and
data related to academic, career and technical education
[vocational training], and life skills programs. This information
shall include for each person who participates in district programs
an evaluation of:
(1) institutional disciplinary violations;
(2) subsequent arrests;
(3) subsequent convictions or confinements;
(4) the cost of confinement;
(5) educational achievement;
(6) high school equivalency examination passage;
(7) the kind of training services provided;
(8) the kind of employment the person obtains on
release;
(9) whether the employment was related to training;
(10) the difference between the amount of the person's
earnings on the date employment is obtained following release and
the amount of those earnings on the first anniversary of that date;
and
(11) the retention factors associated with the
employment.
SECTION 4. Section 19.0042, Education Code, is amended to
read as follows:
Sec. 19.0042. INFORMATION TO BE PROVIDED BY DISTRICT BEFORE
CAREER AND TECHNICAL EDUCATION [VOCATIONAL TRAINING] PROGRAM
ENROLLMENT. Before a person described by Section 19.005 enrolls in
a district career and technical education [vocational training]
program, the district must inform the person in writing of:
(1) any rule or policy of a state agency that would
impose a restriction or prohibition on the person in obtaining a
certificate or license in connection with the career and technical
education [vocational training] program;
(2) the total number of district students released
during the preceding 10 years who have completed a district career
and technical education [vocational training] program that allows
for an opportunity to apply for a certificate or license from a
state agency and, of those students:
(A) the number who have applied for a certificate
or license from a state agency;
(B) the number who have been issued a certificate
or license by a state agency; and
(C) the number who have been denied a certificate
or license by a state agency; and
(3) the procedures for:
(A) requesting a criminal history evaluation
letter under Section 53.102, Occupations Code;
(B) providing evidence of fitness to perform the
duties and discharge the responsibilities of a licensed occupation
for purposes of Section 53.023, Occupations Code; and
(C) appealing a state agency's denial of a
certificate or license, including deadlines and due process
requirements:
(i) to the State Office of Administrative
Hearings under Subchapter C, Chapter 2001, Government Code; and
(ii) through any other available avenue.
SECTION 5. Section 19.010(a), Education Code, is amended to
read as follows:
(a) The district shall propose, and the board shall adopt
with any modification the board finds necessary, a strategic plan
that includes:
(1) a mission statement relating to the goals and
duties of the district under this chapter;
(2) goals to be met by the district in carrying out the
mission stated; and
(3) specific educational, career and technical
education [vocational training], and counseling programs to be
conducted by the district to meet the goals stated in the plan.
SECTION 6. Section 19.011, Education Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) The district shall coordinate career and technical
[vocational] education and job training programs with a local
workforce development board authorized by the Texas Workforce
Commission to ensure that district students are equipped with the
skills necessary to compete for current and emerging jobs.
(c) The district may share data with the Texas Higher
Education Coordinating Board for the purpose of administering
postsecondary education programs within the department.
SECTION 7. Section 492.002(a), Government Code, is amended
to read as follows:
(a) The board is composed of nine members appointed by the
governor with the advice and consent of the senate. At least two
members must have significant business or corporate experience.
The governor may not appoint more than two members who reside in an
area encompassed by the same administrative judicial region, as
determined by Section 74.042.
SECTION 8. Section 492.0031, Government Code, is amended by
amending Subsection (b) and adding Subsection (d) to read as
follows:
(b) The training program must provide the person with
information regarding:
(1) the law governing [legislation that created the]
department operations [and the board];
(2) the programs, functions, rules, and budget of
[operated by] the department;
(3) the scope of and limitations on the rulemaking
authority [role and functions] of the board [department];
(4) [the rules of the department, with an emphasis on
the rules that relate to disciplinary and investigatory authority;
[(5) the current budget for the department;
[(6)] the results of the most recent formal audit of
the department;
(5) [(7)] the requirements of:
(A) the laws relating to open meetings, public
information, administrative procedure, and disclosing conflicts of
interest [law, Chapter 551]; and
(B) other laws applicable to members of a state
policy-making body in performing their duties [the public
information law, Chapter 552;
[(C) the administrative procedure law, Chapter
2001; and
[(D) other laws relating to public officials,
including conflict of interest laws]; and
(6) [(8)] any applicable ethics policies adopted by
the department or the Texas Ethics Commission.
(d) The executive director shall create a training manual
that includes the information required by Subsection (b). The
executive director shall distribute a copy of the training manual
annually to each member of the board. Each member of the board
shall sign and submit to the executive director a statement
acknowledging that the member received and has reviewed the
training manual.
SECTION 9. Section 492.012, Government Code, is amended to
read as follows:
Sec. 492.012. SUNSET PROVISION. The Texas Board of
Criminal Justice and the Texas Department of Criminal Justice are
subject to Chapter 325 (Texas Sunset Act). Unless continued in
existence as provided by that chapter, the board and the department
are abolished September 1, 2037 [2025].
SECTION 10. Chapter 493, Government Code, is amended by
adding Sections 493.0084 and 493.036 to read as follows:
Sec. 493.0084. INVENTORY AND EVALUATION OF ACTIVE PROGRAMS.
(a) The department shall develop and maintain a comprehensive
inventory of active programs offered in department facilities,
including peer-led programs and volunteer-led programs, that
includes the following information for each program:
(1) program goals;
(2) program capacity and enrollments; and
(3) facilities where the program is offered.
(b) The department shall make the inventory available to the
public on the department's Internet website and continuously update
the inventory.
(c) The department shall collect and analyze data for the
programs described by Subsection (a) to evaluate the effectiveness
of the programs and to improve program offerings.
(d) In carrying out the department's duties under
Subsection (c), the department shall:
(1) for programs claiming rehabilitative or reentry
effects:
(A) collect results-based performance data;
(B) work with qualified internal or external
researchers to develop criteria to evaluate the programs; and
(C) use the criteria developed under Paragraph
(B) to evaluate the programs, including the data described by
Paragraph (A);
(2) create a separate correctional elective programs
category for non-evidence-based and non-evidence-informed programs
and develop criteria to evaluate the programs;
(3) collect and analyze data for program participants
relating to:
(A) institutional disciplinary violations;
(B) subsequent arrests;
(C) subsequent convictions or confinements;
(D) employment obtained following release; and
(E) cost of confinement; and
(4) use the data described by Subdivision (3) to
produce and compare recidivism rates and other correctional impact
trends and to make changes to the programs as needed.
(e) The department may make structural or programmatic
adjustments to improve program performance in response to a program
evaluation under this section indicating poor program performance.
(f) Not later than December 1 of each even-numbered year,
the department shall submit a report on the department's analysis
of programs described by Subsection (a) to the board, the Board of
Pardons and Paroles, the governor, the lieutenant governor, the
speaker of the house of representatives, and each standing
committee of the legislature with primary jurisdiction over the
department.
(g) The department may enter into a memorandum of
understanding with other entities to obtain and share data
necessary to evaluate programs under this section.
Sec. 493.036. LONG-TERM FACILITIES AND STAFFING PLAN. (a)
The department shall prepare a 10-year plan that:
(1) identifies the department's facility and capacity
needs; and
(2) includes recommendations for how the state can
house inmates in facilities that are adequately staffed.
(b) The plan under Subsection (a) must:
(1) examine the department's ability to operate each
facility based on current and future staffing levels, including
cost to the department, with consideration of demographic and
economic trends and facility repair needs;
(2) evaluate how the department will distribute or
consolidate inmates efficiently based on capacity and factors such
as custody level, medical needs, and other special needs;
(3) evaluate any facility retrofitting necessary to
accommodate the needs of the department's inmate population;
(4) evaluate the construction necessary to increase
capacity to manage the department's projected inmate population,
including:
(A) the ways in which the construction can be
done in well-staffed areas of the state on existing department
property; and
(B) proposed timelines for the construction;
(5) include a phased implementation plan for closing
facilities with persistent staffing challenges; and
(6) include estimated savings from reduced
maintenance costs and any potential real property sales with
respect to facilities included in the phased implementation plan.
(c) In developing the plan under Subsection (a), the
department:
(1) must consider the various regional needs of the
state, including any ancillary or community benefits associated
with department facilities; and
(2) may contract with a third party as needed.
(d) In identifying potential facilities for closure as part
of the phased implementation plan described by Subsection (b)(5),
the department shall consider, at a minimum, the following factors
with respect to each facility:
(1) the department's ability to staff the facility and
the facility's operation and maintenance costs;
(2) vacancy rates;
(3) facility capacity;
(4) county-level demographic and economic data;
(5) deferred maintenance costs;
(6) receipt of correctional officers via staff
transport models;
(7) number of climate-controlled beds; and
(8) maximum security status.
(e) Not later than September 1, 2026, and every fourth
anniversary of that date, the department shall submit:
(1) the plan to the board for approval; and
(2) the approved plan to the governor, the lieutenant
governor, the speaker of the house of representatives, and each
standing legislative committee with jurisdiction over
appropriations or the department.
SECTION 11. Section 497.022, Government Code, is amended to
read as follows:
Sec. 497.022. CONTRACTS. The department may contract with:
(1) another state, the federal government, a foreign
government, or an agency of any of those governments to manufacture
for or sell to those governments prison-made articles or products;
(2) a private or independent institution of higher
education to manufacture for or sell to that school or institution
prison-made articles or products; or
(3) a private school or a [visually handicapped]
person with visual impairment in this state to manufacture Braille
textbooks or other instructional aids for the education of
[visually handicapped] persons with visual impairment.
SECTION 12. Section 499.101, Government Code, is amended to
read as follows:
Sec. 499.101. MAXIMUM CAPACITIES [EXISTING UNITS]. (a)
The board by rule shall establish maximum capacities for the units
in the institutional division. [are as follows:
[Beto I3,000
[Beto II888
[Boyd1,012
[Briscoe1,012
[Central720
[Clemens851
[Clements2,200
[Coffield3,000
[Daniel1,012
[Darrington1,610
[Diagnostic1,365
[Eastham2,050
[Ellis I1,900
[Ellis II2,260
[Ferguson2,100
[Gatesville1,571
[Goree1,058
[Hightower1,012
[Hilltop761
[Hobby1,012
[Hughes2,264
[Huntsville1,705
[Jester I323
[Jester II378
[Jester III908
[Lewis1,012
[McConnell2,264
[Michael2,264
[Mountain View718
[Pack I864
[Pack II1,088
[Panpa1,012
[Ramsey I1,400
[Ramsey II850
[Ramsey III1,000
[Retrieve770
[Roach1,012
[Robertson2,264
[Smith1,012
[Stiles2,264
[Terrell2,264
[Torres1,012
[Wynne2,300]
(b) It is the intent of the legislature that as case law
evolves and indicates that maximum capacities for units in the
institutional division [established under Subsection (a)] may be
increased, the staff of the institutional division shall use the
procedures established by this subchapter to increase those
capacities. There shall be no cause of action against the
institutional division for failure to take action under this
subsection.
SECTION 13. Section 499.102(a), Government Code, is amended
to read as follows:
(a) The staff of the institutional division, on its own
initiative or as directed by the governor or the board, may
recommend to the administration of the institutional division that
the maximum capacity [established under Section 499.101] for a unit
be increased if the staff determines through written findings that
the division can increase the maximum capacity and provide:
(1) proper inmate classification and housing within
the unit that is consistent with the classification system;
(2) housing flexibility to allow necessary repairs and
routine and preventive maintenance to be performed without
compromising the classification system;
(3) adequate space in dayrooms;
(4) all meals within a reasonable time, allowing each
inmate a reasonable time within which to eat;
(5) operable hygiene facilities that ensure the
availability of a sufficient number of fixtures to serve the inmate
population;
(6) adequate laundry services;
(7) sufficient staff to:
(A) meet operational and security needs;
(B) meet health care needs, including the needs
of inmates requiring psychiatric care, inmates with an intellectual
disability, and inmates with a physical disability;
(C) provide a safe environment for inmates and
staff; and
(D) provide adequate internal affairs
investigation and review;
(8) medical, dental, and psychiatric care adequate to
ensure:
(A) minimal delays in delivery of service from
the time sick call requests are made until the service is performed;
(B) access to regional medical facilities;
(C) access to the institutional division
hospital at Galveston or contract facilities performing the same
services;
(D) access to specialty clinics; and
(E) a sufficient number of psychiatric inpatient
beds and sheltered beds for inmates with an intellectual
disability;
(9) a fair disciplinary system that ensures due
process and is adequate to ensure safety and order in the unit;
(10) work, vocational, academic, and on-the-job
training programs that afford all eligible inmates with an
opportunity to learn job skills or work habits that can be applied
on release, appropriately staffed and of sufficient quality;
(11) a sufficient number and quality of
nonprogrammatic and recreational activities for all eligible
inmates who choose to participate;
(12) adequate assistance from persons trained in the
law or a law library with a collection containing necessary
materials and space adequate for inmates to use the law library for
study related to legal matters;
(13) adequate space and staffing to permit contact and
noncontact visitation of all eligible inmates;
(14) adequate maintenance programs to repair and
prevent breakdowns caused by increased use of facilities and
fixtures; and
(15) space and staff sufficient to provide all the
services and facilities required by this section.
SECTION 14. Subchapter F, Chapter 499, Government Code, is
amended by adding Section 499.1214 to read as follows:
Sec. 499.1214. PEN PACKET SUBMISSION TRAINING. The
department shall develop and provide annual training for county
employees on the submission of documents required before the
department takes custody of a person being transferred from a
county jail to the department, including documents required under
Sections 8(a) and (c), Article 42.09, Code of Criminal Procedure.
SECTION 15. Section 501.009, Government Code, is amended to
read as follows:
Sec. 501.009. VOLUNTEER AND FAITH-BASED ORGANIZATIONS[;
REPORT]. (a) The department shall adopt a policy that requires
department staff responsible for rehabilitation and reentry
programs and services [each warden] to identify volunteer and
faith-based organizations that provide programs for inmates housed
in facilities operated by the department. The policy must require
the staff [each warden] to actively encourage volunteer and
faith-based organizations to provide the following programs for
inmates in department facilities [the warden's facility]:
(1) literacy and education programs;
(2) life skills programs;
(3) job skills programs;
(4) parent-training programs;
(5) drug and alcohol rehabilitation programs;
(6) support group programs;
(7) arts and crafts programs; and
(8) other programs determined by the department to aid
inmates in the transition between confinement and society and to
reduce incidence of recidivism among inmates.
(b) The policy must require the staff described by
Subsection (a) to solicit feedback from the warden and chaplains of
each facility on the facility's needs regarding volunteer and
faith-based organization provided programs.
(c) The department shall include in the annual report
required under Section 493.0084(f) [that each warden submit a
report to the board not later than December 31 of each year that
includes, for the preceding fiscal year,] a summary of:
(1) the programs provided to inmates under this
section; and
(2) the actions taken [by the warden] to identify
volunteer and faith-based organizations willing to provide
programs to inmates and to encourage those organizations to provide
programs in the department facilities [warden's facility].
SECTION 16. Section 501.017(b), Government Code, is amended
to read as follows:
(b) The department may not enforce a claim or lien
established under this section if the inmate has a surviving spouse
or a surviving dependent or child with a disability [disabled
child].
SECTION 17. Section 501.054(h), Government Code, is amended
to read as follows:
(h) The department shall report to the legislature not later
than December 1 [January 15] of each even-numbered [odd-numbered]
year concerning the implementation of this section and the
participation of inmates and employees of the department in
education programs established under this section.
SECTION 18. Sections 501.057(a) and (b), Government Code,
are amended to read as follows:
(a) The department shall establish a system to identify
[mentally ill] inmates with mental illness who are nearing
eligibility for release on parole.
(b) Not later than the 30th day before the initial parole
eligibility date of an inmate identified as having a mental illness
[mentally ill], an institutional division psychiatrist shall
examine the inmate. The psychiatrist shall file a sworn
application for court-ordered temporary mental health services
under Chapter 574, Health and Safety Code, if the psychiatrist
determines that the inmate has a mental illness [is mentally ill]
and as a result of the illness the inmate meets at least one of the
criteria listed in Section 574.034 or 574.0345, Health and Safety
Code.
SECTION 19. The heading to Section 501.069, Government
Code, is amended to read as follows:
Sec. 501.069. OFFENDERS WITH INTELLECTUAL OR DEVELOPMENTAL
DISABILITIES [DEVELOPMENTALLY DISABLED OFFENDER] PROGRAM.
SECTION 20. Section 501.092(i), Government Code, is amended
to read as follows:
(i) Not later than December [September] 1 of each
even-numbered year, the department shall deliver a report of the
results of evaluations conducted under Subsection (b)(7) to the
lieutenant governor, the speaker of the house of representatives,
and each standing committee of the senate and house of
representatives having primary jurisdiction over the department.
SECTION 21. Subchapter C, Chapter 501, Government Code, is
amended by adding Section 501.104 to read as follows:
Sec. 501.104. STRATEGIC PLAN FOR REHABILITATION AND REENTRY
PROGRAMS. (a) In this section, "parole-voted program" has the
meaning assigned by Section 508.1521.
(b) The department and the Windham School District shall
jointly develop a strategic plan for the provision of
rehabilitation and reentry programs to inmates. The strategic plan
must include program objectives and timelines intended to:
(1) increase program efficiencies, including
eliminating delays in placing inmates into parole-voted programs;
(2) reduce program redundancies;
(3) incorporate new evidence-based and
evidence-informed program approaches; and
(4) incorporate technology-based solutions.
(b-1) The strategic plan must include clear steps and
timelines to reduce, by September 1, 2027, overall parole-voted
program placement timelines by at least 50 percent compared to the
timelines on August 31, 2023. This subsection expires December 31,
2027.
(c) In developing the strategic plan, the department shall
evaluate therapeutic service contracts and obligations and
renegotiate the contracts and obligations as necessary to meet
current and projected program needs.
(d) The department and the Windham School District shall
jointly update the strategic plan at least once every five years.
(e) Not later than December 1 of each even-numbered year,
the department and the Windham School District shall submit a joint
report on the implementation of the strategic plan to the board, the
Board of Pardons and Paroles, the governor, the lieutenant
governor, the speaker of the house of representatives, and each
standing committee of the legislature with primary jurisdiction
over the department.
(f) In preparing the report under Subsection (e), the
department and the Windham School District shall consider the most
recent report prepared under Section 501.103.
SECTION 22. Section 501.138(c), Government Code, is amended
to read as follows:
(c) If the executive director [managed health care
administrator] has knowledge that a potential ground for removal
exists, the executive director [administrator] shall notify the
presiding officer of the committee of the potential ground. The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
executive director [managed health care administrator] shall
notify the next highest ranking officer of the committee, who shall
then notify the governor and the attorney general that a potential
ground for removal exists.
SECTION 23. Section 501.140, Government Code, is amended by
amending Subsection (b) and adding Subsection (d) to read as
follows:
(b) The training program must provide the person with
information regarding:
(1) the law governing committee [legislation that
created the committee] operations;
(2) the programs, functions, rules, and budget of
[operated by] the committee;
(3) the scope of and limitations on the rulemaking
authority [role and functions] of the committee;
(4) [the rules of the committee with an emphasis on the
rules that relate to disciplinary and investigatory authority;
[(5) the current budget for the committee;
[(6)] the results of the most recent formal audit of
the committee;
(5) [(7)] the requirements of:
(A) laws relating to [the] open meetings, public
information, administrative procedure, and disclosing conflicts of
interest [law, Chapter 551]; and
(B) other laws applicable to members of a state
policy-making body in performing their duties [the public
information law, Chapter 552;
[(C) the administrative procedure law, Chapter
2001; and
[(D) other laws relating to public officials,
including conflict-of-interest laws]; and
(6) [(8)] any applicable ethics policies adopted by
the department [committee] or the Texas Ethics Commission.
(d) The executive director shall create a training manual
that includes the information required by Subsection (b). The
executive director shall distribute a copy of the training manual
annually to each member of the committee. Each member of the
committee shall sign and submit to the executive director a
statement acknowledging that the member received and has reviewed
the training manual.
SECTION 24. Section 508.036, Government Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) A report under Subsection (a)(5) must include:
(1) the following information with respect to the
release of inmates on medically recommended intensive supervision
under Section 508.146 for the preceding 10-year period:
(A) the number of inmates released on medically
recommended intensive supervision;
(B) an explanation of any trends;
(C) release revocation rates;
(D) types of modifications of conditions of
release or graduated sanctions imposed; and
(E) the approval rate of inmates reviewed by a
parole panel described by Section 508.146(e) for release on
medically recommended intensive supervision;
(2) an evaluation of the consistency with which
graduated sanctions are imposed for releasees or release on parole
or mandatory supervision is revoked;
(3) an evaluation of the consistency with which
special conditions are imposed under Subchapter I; and
(4) the rates of consensus between voting outcomes and
hearing officer recommendations and between voting outcomes and
other recommendations made by an employee authorized to make
recommendations for special conditions and graduated sanctions.
SECTION 25. Section 508.0362, Government Code, is amended
by amending Subsections (a) and (b) and adding Subsection (d) to
read as follows:
(a) [(1)] A person who is appointed to and qualifies for
office as a member of the board may not vote, deliberate, or be
counted as a member in attendance at a meeting of the board until
the person completes [at least one course of] a training program
that complies with this section.
[(2)] A parole commissioner employed by the board may
not vote or deliberate on a matter described by Section 508.0441
until the person completes [at least one course of] a training
program that complies with this section.
(b) The [A] training program must provide the person with
information [to the person] regarding:
(1) the law governing board operations [enabling
legislation that created the board];
(2) the programs, functions, rules, and budget of
[operated by] the board;
(3) the scope of and limitations on the rulemaking
authority [role and functions] of the board [and parole
commissioners];
(4) [the rules of the board;
[(5) the current budget for the board;
[(6)] the results of the most recent formal audit of
the board;
(5) [(7)] the requirements of [the]:
(A) laws relating to open meetings, public
information, administrative procedure, and disclosing conflicts of
interest [law, Chapter 551]; and
(B) other laws applicable to members of a state
policy-making body in performing their duties [open records law,
Chapter 552; and
[(C) administrative procedure law, Chapter 2001;
[(8) the requirements of the conflict of interest laws
and other laws relating to public officials]; and
(6) [(9)] any applicable ethics policies adopted by
the board or the Texas Ethics Commission.
(d) The board administrator shall create a training manual
that includes the information required by Subsection (b). The
board administrator shall distribute a copy of the training manual
annually to each board member and parole commissioner. Each board
member and parole commissioner shall sign and submit to the board
administrator a statement acknowledging that the person received
and has reviewed the training manual.
SECTION 26. Subchapter B, Chapter 508, Government Code, is
amended by adding Sections 508.0421 and 508.0455 to read as
follows:
Sec. 508.0421. TRAINING PROGRAM ON MEDICALLY RECOMMENDED
INTENSIVE SUPERVISION. (a) The board shall develop and provide a
comprehensive training program on the release of inmates on
medically recommended intensive supervision under Section 508.146
for board members and parole commissioners serving on a parole
panel under that section. The program must include:
(1) background information on medically recommended
intensive supervision; and
(2) training and education regarding:
(A) statutory requirements and board rules for
the consideration and release of inmates on medically recommended
intensive supervision;
(B) the supervision of persons released on
medically recommended intensive supervision, including information
on:
(i) the imposition of graduated sanctions
on a releasee for a violation of a condition of release; and
(ii) the imposition and modification of
special conditions on a releasee; and
(C) the medical conditions affecting inmates who
are eligible for medically recommended intensive supervision,
including treatments for those conditions.
(b) In developing the training program, the board shall:
(1) use available data on medically recommended
intensive supervision; and
(2) consult with the division and a practicing
physician and psychiatrist as needed.
(c) The board shall develop a condensed version of the
training program that includes only the training and education
described by Subsection (a)(2).
(d) A member of a parole panel described by Section
508.146(e) may not participate in a vote of the panel related to the
release of an inmate on medically recommended intensive supervision
until the member completes the training program described by
Subsection (a). Each member must complete the version of the
training program described by Subsection (c) biennially after
completing the initial training to remain eligible to participate
in a vote of the panel related to the release of an inmate on
medically recommended intensive supervision. The board shall
inform each member of any subsequent changes to the training
developed under Subsection (a) that are made after the member
completes the training required by this subsection.
Sec. 508.0455. PAROLE PANEL DATA. (a) The board shall
coordinate with the department to collect and analyze data on the
release of inmates on parole, mandatory supervision, or medically
recommended intensive supervision and the use of special conditions
and graduated sanctions to evaluate outcomes and trends.
(b) Using the data collected under Subsection (a), the board
shall determine a method for evaluating the consistency of
revocation decisions across all three-voter parole panels.
(c) The board shall use its findings from the data collected
under this section and the information described by Sections
508.036(a-1) and 508.1445(b) in developing the training required
under Sections 508.041 and 508.042.
SECTION 27. Section 508.054(c), Government Code, is amended
to read as follows:
(c) The board shall periodically notify the complaint
parties of the status of the complaint until final disposition
unless the notice would jeopardize an ongoing investigation.
SECTION 28. Section 508.1131, Government Code, is amended
by amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) The Texas Board of Criminal Justice by rule [executive
director] shall adopt a salary career ladder for parole officers.
In adopting the salary career ladder, the Texas Board of Criminal
Justice shall, in consultation with relevant stakeholders, review
the current salary structure and align the salary career ladder
with the future needs of the department.
(a-1) The Texas Board of Criminal Justice may revise the
[The] salary career ladder as needed [must base a parole officer's
salary on the officer's classification and years of service with
the department].
SECTION 29. Section 508.1142, Government Code, is amended
to read as follows:
Sec. 508.1142. PAROLE OFFICER MAXIMUM CASELOADS. (a) The
Texas Board of Criminal Justice by rule [department] shall
establish [adopt a policy that establishes] guidelines for a
maximum caseload for a [each] parole officer [of:
[(1) 60 active releasees, if the releasees are not in a
specialized program described by Subdivisions (2)-(6);
[(2) 35 active releasees, if the releasees are in the
special needs offender program;
[(3) 35 active releasees, if the releasees are in the
therapeutic community substance abuse aftercare treatment program;
[(4) 24 active releasees, if the releasees are in the
sex offender program;
[(5) 20 active releasees, if the releasees are
electronically monitored; and
[(6) 11 active releasees, if the releasees are in the
super-intensive supervision program].
(b) The Texas Board of Criminal Justice:
(1) shall periodically review the guidelines
established under Subsection (a) to ensure that the guidelines are
achievable and informed by research-supported supervision
practices; and
(2) may revise the guidelines as needed.
(c) The department shall conduct a job task analysis and
workload study with respect to parole officers before the Texas
Board of Criminal Justice adopts or amends the guidelines under
this section [If the department is unable to meet the maximum
caseload guidelines, the department shall submit a report to the
Legislative Budget Board, at the end of each fiscal year in which
the department fails to meet the guidelines, stating the amount of
money needed by the department to meet the guidelines].
SECTION 30. Subchapter D, Chapter 508, Government Code, is
amended by adding Sections 508.1143 and 508.120 to read as follows:
Sec. 508.1143. REPORT ON PAROLE SUPERVISION APPROACHES AND
MAXIMUM CASELOADS. (a) Not later than September 1, 2026, the
department, in consultation with relevant stakeholders, shall:
(1) review current parole supervision practices and
caseload approaches; and
(2) submit a report on proposed parole supervision
practices and caseload approaches, including proposed maximum
caseloads for parole officers, to the Texas Board of Criminal
Justice, the board, the governor, the lieutenant governor, the
speaker of the house of representatives, and each standing
committee of the legislature with primary jurisdiction over the
department.
(b) The report must include:
(1) an evaluation of the current caseload identified
as not being actively worked on by a parole officer, considering the
assessed parole officer staffing needs; and
(2) the results of any department pilot project
assessing changes to parole officer supervision practices and
caseload approaches.
(c) A pilot project assessing supervision practices and
caseload approach changes described by Subsection (b)(2) may not be
implemented statewide before submission of the report required by
Subsection (a)(2).
(d) This section expires September 1, 2027.
Sec. 508.120. PROHIBITION ON CERTAIN DIVISION ACTIONS
INVOLVING SPECIAL CONDITIONS. The division may not:
(1) make recommendations regarding the imposition of a
special condition before an inmate is released on parole or to
mandatory supervision; or
(2) review the voting decisions of a parole panel with
respect to the imposition of a special condition.
SECTION 31. Section 508.1445(b), Government Code, is
amended to read as follows:
(b) The report must include:
(1) a brief explanation of the parole guidelines,
including how the board:
(A) defines the risk factors and offense severity
levels; and
(B) determines the range of recommended parole
approval rates for each guideline score;
(2) a comparison of the range of recommended parole
approval rates under the parole guidelines to the actual approval
rates for individual parole panel members, each regional
three-voter parole panel [offices], and the state as a whole; [and]
(3) a description of instances in which the actual
parole approval rates, including rates for each regional
three-voter parole panel, do not meet the range of recommended
parole approval rates under the parole guidelines, an explanation
of the variations, and a list of actions that the board has taken or
will take to meet the guidelines; and
(4) information regarding the rates at which each
regional three-voter parole panel imposes each special condition
when approving release on parole and an explanation for any
significant variations among the panels.
SECTION 32. Section 508.146, Government Code, is amended by
adding Subsections (g), (h), (i), and (j) to read as follows:
(g) The board shall adopt rules to administer this section.
The rules must:
(1) specify the procedures for evaluating the
prognosis of inmates who are eligible for medically recommended
intensive supervision under Subsection (a) because of a qualifying
medical condition;
(2) specify the factors, other than an inmate's
condition, that are relevant or statutorily required to release an
inmate on medically recommended intensive supervision; and
(3) define what constitutes a threat to public safety
for purposes of Subsections (a)(2) and (f) and specify the factors
that a parole panel described by Subsection (e) must consider when
determining whether an inmate constitutes a threat to public
safety.
(h) The procedures described by Subsection (g)(1) must:
(1) require a review of the inmate's condition by at
least one health care practitioner; and
(2) require each health care practitioner who reviews
an inmate's condition as described by Subdivision (1) to provide
the parole panel described by Subsection (e), before the panel
makes a final determination under this section, a written report on
the inmate's condition that:
(A) is in plain language that is understandable
by a nonmedical professional;
(B) specifically describes how the inmate's
condition and treatment for the condition will affect the inmate's
cognitive and physical abilities and limitations; and
(C) contains other information as required by the
board.
(i) The board may consult with other relevant entities for
purposes of establishing information required in the report under
Subsection (h)(2)(C) including:
(1) the Correctional Managed Health Care Committee;
(2) the division;
(3) the Texas Correctional Office on Offenders with
Medical or Mental Impairments;
(4) the Texas Tech University Health Sciences Center;
and
(5) The University of Texas Medical Branch at
Galveston.
(j) Information regarding the identity of a health care
practitioner providing a report described by Subsection (h)(2),
other than information relating to the practitioner's
specialization, is excepted from required disclosure under Chapter
552. The board may release the information or redact or otherwise
withhold the information from disclosure under Chapter 552.
SECTION 33. Section 508.152, Government Code, is amended by
adding Subsection (b-3) to read as follows:
(b-3) For purposes of Subsection (b-1)(1), an inmate's
individual treatment plan must include a comprehensive list, in
plain language, of the inmate's program participation that:
(1) includes:
(A) state-funded programs;
(B) intensive volunteer programs; and
(C) program enrollment and completion dates; and
(2) distinguishes between required evidence-based
programs and correctional elective programs that are non-evidence
based or non-evidence informed.
SECTION 34. Subchapter E, Chapter 508, Government Code, is
amended by adding Sections 508.1521 and 508.158 to read as follows:
Sec. 508.1521. REQUIRED INDIVIDUAL TREATMENT PLAN PROGRAMS
AND PAROLE-VOTED PROGRAMS. (a) In this section:
(1) "Parole-voted program" means a program or class
that the board intends to require an inmate to complete before
releasing the inmate on parole or to mandatory supervision.
(2) "Required individual treatment plan program"
means a program or class that is required in an inmate's individual
treatment plan under Section 508.152 other than a parole-voted
program.
(b) The department, the board, and the Windham School
District shall:
(1) develop evidence-based program criteria specific
to required individual treatment plan programs and parole-voted
programs to be used in evaluating and assessing those programs;
(2) develop and maintain a required individual
treatment plan programs list and a parole-voted programs list,
provided that a non-evidence-based or non-evidence-informed
program may not be included on either list;
(3) develop procedures for:
(A) evaluating programs to be added to the
required individual treatment plan programs list or the
parole-voted programs list;
(B) assessing current required individual
treatment plan programs and parole-voted programs; and
(C) removing programs that do not meet the
criteria developed under Subdivision (1) from the lists of required
individual treatment plan programs and parole-voted programs; and
(4) coordinate on required individual treatment plan
and parole-voted programming options through regular meetings.
(c) In developing and maintaining the required individual
treatment plan programs list, the department and the Windham School
District have joint authority to decide which programs are included
on the required individual treatment plan list.
(d) In developing and maintaining the parole-voted programs
list, the department and the Windham School District shall present
programming options and program evaluation results to the board,
provided that the board has the sole authority to decide which
programs are included on the parole-voted programs list.
(e) The department shall:
(1) collect and analyze parole-voted program data on a
rolling basis, including:
(A) the number of inmates waiting for placement
into a program;
(B) the waitlist times for placement into a
program;
(C) the reasons for program placement delays,
other than delays due to a program start date specified by the
board;
(D) vote revision requests related to program
ineligibility, placement delays, and other factors that may affect
parole release timelines; and
(E) the number of inmates unable to complete
parole-voted programs before the earliest date on which the inmates
would have been eligible to be released following program
completion;
(2) use the data described by Subdivision (1) to:
(A) calculate parole-voted program waitlist
times;
(B) track and reduce parole-voted program
enrollment timelines; and
(C) work to eliminate parole-voted program
placement delays; and
(3) include the data and analysis described by
Subdivision (1) in the strategic plan required under Section
501.104.
(f) The department shall prioritize the placement of
inmates into parole-voted programs, ensure parole-voted program
capacity meets programming needs, and expand parole-voted program
access in accordance with the strategic plan required under Section
501.104.
Sec. 508.158. SPECIAL CONDITIONS WORK GROUP. (a) The board
and department shall jointly establish a work group consisting of
board members and parole commissioners who actively serve on a
parole panel and staff representatives from the division to assess
the impact and effectiveness of special conditions.
(b) The work group shall:
(1) discuss the efficacy of special conditions;
(2) assess the continuing need for the use of specific
special conditions; and
(3) identify potential modifications to special
conditions for the board to consider adopting.
(c) In discussing the efficacy of special conditions under
Subsection (b), the work group shall solicit input from parole
officers and other relevant parties.
(d) The work group shall meet annually.
SECTION 35. Section 614.009, Health and Safety Code, is
amended to read as follows:
Sec. 614.009. BIENNIAL REPORT. Not later than December
[February] 1 of each even-numbered [odd-numbered] year, the office
shall present to the board and file with the governor, lieutenant
governor, and speaker of the house of representatives a report
giving the details of the office's activities during the preceding
biennium. The report must include:
(1) an evaluation of any demonstration project
undertaken by the office;
(2) an evaluation of the progress made by the office
toward developing a plan for meeting the treatment, rehabilitative,
and educational needs of offenders with special needs;
(3) information on the provision of services under
Section 614.021 to wrongfully imprisoned persons;
(4) recommendations of the office made in accordance
with Section 614.007(5);
(5) [(4)] an evaluation of the development and
implementation of the continuity of care and service programs
established under Sections 614.013, 614.014, 614.015, 614.016, and
614.018, changes in rules, policies, or procedures relating to the
programs, future plans for the programs, and any recommendations
for legislation; and
(6) [(5)] any other recommendations that the office
considers appropriate.
SECTION 36. The following provisions are repealed:
(1) Section 494.011, Government Code;
(2) Section 497.111, Government Code;
(3) Section 501.062(c), Government Code;
(4) Section 507.003, Government Code;
(5) Section 507.004, Government Code;
(6) Sections 508.1131(b) and (c), Government Code; and
(7) Section 614.021(c), Health and Safety Code.
SECTION 37. The change in law made by this Act to Section
492.002, Government Code, does not affect the entitlement of a
member serving on the Texas Board of Criminal Justice before the
effective date of this Act to continue to serve for the remainder of
the member's term. As the terms of members expire, the governor
shall appoint or reappoint members who have the qualifications
required by Section 492.002(a), Government Code, as amended by this
Act.
SECTION 38. (a) Sections 492.0031, 501.140, and 508.0362,
Government Code, as amended by this Act, apply to a member of the
Texas Board of Criminal Justice, the Correctional Managed Health
Care Committee, or the Board of Pardons and Paroles, as applicable,
appointed before, on, or after the effective date of this Act.
(b) A member of the Texas Board of Criminal Justice, the
Correctional Managed Health Care Committee, or the Board of Pardons
and Paroles who, before the effective date of this Act, completed
the training program required by Section 492.0031, 501.140, or
508.0362, Government Code, as that law existed before the effective
date of this Act, is only required to complete additional training
on the subjects added by this Act to the training program required
by Section 492.0031, 501.140, or 508.0362, Government Code, as
applicable. A member described by this subsection may not vote,
deliberate, or be counted as a member in attendance at a meeting of
the applicable board or committee held on or after December 1, 2025,
until the member completes the additional training.
SECTION 39. (a) Section 508.0362, Government Code, as
amended by this Act, applies to a parole commissioner employed by
the Board of Pardons and Paroles before, on, or after the effective
date of this Act.
(b) A parole commissioner who, before the effective date of
this Act, completed the training program required by Section
508.0362, Government Code, as that law existed before the effective
date of this Act, is only required to complete additional training
on the subjects added by this Act to the training program required
by that section. A parole commissioner described by this
subsection may not vote or deliberate on a matter described by
Section 508.0441, Government Code, occurring on or after December
1, 2025, until the member completes the additional training.
SECTION 40. As soon as practicable after the effective date
of this Act:
(1) the Texas Board of Criminal Justice shall adopt
the rules required by Sections 499.101(a), 508.1131, and 508.1142,
Government Code, as amended by this Act; and
(2) the Board of Pardons and Paroles shall adopt the
rules required by Section 508.146(g), Government Code, as added by
this Act.
SECTION 41. (a) Not later than December 1, 2025, the Board
of Pardons and Paroles shall make the training required by Section
508.0421, Government Code, as added by this Act, available to board
members and parole commissioners described by Subsection (a) of
that section.
(b) Notwithstanding Section 508.0421(d), Government Code,
as added by this Act, a board member or parole commissioner to whom
that section applies is not required to complete the training
required by that section until December 1, 2025.
SECTION 42. Not later than September 1, 2026:
(1) the Texas Department of Criminal Justice and the
Windham School District shall develop the strategic plan required
by Section 501.104, Government Code, as added by this Act; and
(2) the Texas Department of Criminal Justice shall
revise each inmate's individual treatment plan as necessary to
conform to the requirements of Section 508.152(b-3), Government
Code, as added by this Act.
SECTION 43. The Board of Pardons and Paroles is not required
to comply with the changes in law made by this Act to Sections
508.036 and 508.1445, Government Code, until September 1, 2026.
SECTION 44. This Act takes effect September 1, 2025.