Texas 2025 - 89th Regular

Texas Senate Bill SB2405 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	89R9898 BCH/JDK-D
1	2		By: Parker, et al. S.B. No. 2405
2		-	(In the Senate - Filed March 12, 2025; March 25, 2025, read
3		-	first time and referred to Committee on Criminal Justice;
4		-	April 10, 2025, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 6, Nays 0; April 10, 2025,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 2405 By: Flores
	3	+
	4	+
9	5
10	6
11	7		A BILL TO BE ENTITLED
12	8		AN ACT
13	9		relating to the continuation and functions of the Texas Board of
14	10		Criminal Justice and the Texas Department of Criminal Justice and
15	11		to the functions of the Board of Pardons and Paroles, the
16	12		Correctional Managed Health Care Committee, the Texas Correctional
17	13		Office on Offenders with Medical or Mental Impairments, and the
18	14		Windham School District.
19	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
20		-	SECTION 1. Article 2A.001, Code of Criminal Procedure, is
21		-	amended to read as follows:
22		-	Art. 2A.001. PEACE OFFICERS GENERALLY. The following are
23		-	peace officers:
24		-	(1) a sheriff, a sheriff's deputy, or a reserve deputy
25		-	sheriff who holds a permanent peace officer license issued under
26		-	Chapter 1701, Occupations Code;
27		-	(2) a constable, a deputy constable, or a reserve
28		-	deputy constable who holds a permanent peace officer license issued
29		-	under Chapter 1701, Occupations Code;
30		-	(3) a marshal or police officer of a municipality or a
31		-	reserve municipal police officer who holds a permanent peace
32		-	officer license issued under Chapter 1701, Occupations Code;
33		-	(4) a ranger, officer, or member of the reserve
34		-	officer corps commissioned by the Public Safety Commission and the
35		-	director of the Department of Public Safety;
36		-	(5) an investigator of a district attorney's, criminal
37		-	district attorney's, or county attorney's office;
38		-	(6) a law enforcement agent of the Texas Alcoholic
39		-	Beverage Commission;
40		-	(7) a member of an arson investigating unit
41		-	commissioned by a municipality, a county, or the state;
42		-	(8) an officer commissioned under Section 37.081,
43		-	Education Code, or Subchapter E, Chapter 51, Education Code;
44		-	(9) an officer commissioned by the Texas Facilities
45		-	Commission;
46		-	(10) a law enforcement officer commissioned by the
47		-	Parks and Wildlife Commission;
48		-	(11) an officer commissioned under Chapter 23,
49		-	Transportation Code;
50		-	(12) a municipal park and recreational patrol officer
51		-	or security officer;
52		-	(13) a security officer or investigator commissioned
53		-	as a peace officer by the comptroller;
54		-	(14) an officer commissioned by a water control and
55		-	improvement district under Section 49.216, Water Code;
56		-	(15) an officer commissioned by a board of trustees
57		-	under Chapter 54, Transportation Code;
58		-	(16) an investigator commissioned by the Texas Medical
59		-	Board;
60		-	(17) an officer commissioned by:
61		-	(A) the board of managers of the Dallas County
62		-	Hospital District, the Tarrant County Hospital District, the Bexar
63		-	County Hospital District, or the El Paso County Hospital District
64		-	under Section 281.057, Health and Safety Code;
65		-	(B) the board of directors of the Ector County
66		-	Hospital District under Section 1024.117, Special District Local
67		-	Laws Code;
68		-	(C) the board of directors of the Midland County
69		-	Hospital District of Midland County, Texas, under Section 1061.121,
70		-	Special District Local Laws Code; or
71		-	(D) the board of hospital managers of the Lubbock
72		-	County Hospital District of Lubbock County, Texas, under Section
73		-	1053.113, Special District Local Laws Code;
74		-	(18) a county park ranger commissioned under
75		-	Subchapter E, Chapter 351, Local Government Code;
76		-	(19) an investigator employed by the Texas Racing
77		-	Commission;
78		-	(20) an officer commissioned under Chapter 554,
79		-	Occupations Code;
80		-	(21) an officer commissioned by the governing body of
81		-	a metropolitan rapid transit authority under Section 451.108,
82		-	Transportation Code, or a regional transportation authority under
83		-	Section 452.110, Transportation Code;
84		-	(22) an investigator commissioned by the attorney
85		-	general under Section 402.009, Government Code;
86		-	(23) a security officer or investigator commissioned
87		-	as a peace officer under Chapter 466, Government Code;
88		-	(24) an officer appointed by an appellate court under
89		-	Subchapter F, Chapter 53, Government Code;
90		-	(25) an officer commissioned by the state fire marshal
91		-	under Chapter 417, Government Code;
92		-	(26) an investigator commissioned by the commissioner
93		-	of insurance under Section 701.104, Insurance Code;
94		-	(27) an apprehension specialist or inspector general
95		-	commissioned by the Texas Juvenile Justice Department as an officer
96		-	under Section 242.102 or 243.052, Human Resources Code;
97		-	(28) an officer commissioned [appointed] by the
98		-	inspector general of the Texas Department of Criminal Justice under
99		-	Section 493.019, Government Code;
100		-	(29) an investigator commissioned by the Texas
101		-	Commission on Law Enforcement under Section 1701.160, Occupations
102		-	Code;
103		-	(30) a fire marshal or any related officer, inspector,
104		-	or investigator commissioned by a county under Subchapter B,
105		-	Chapter 352, Local Government Code;
106		-	(31) a fire marshal or any officer, inspector, or
107		-	investigator commissioned by an emergency services district under
108		-	Chapter 775, Health and Safety Code;
109		-	(32) an officer commissioned by the State Board of
110		-	Dental Examiners under Section 254.013, Occupations Code, subject
111		-	to the limitations imposed by that section; and
112		-	(33) an investigator commissioned by the Texas
113		-	Juvenile Justice Department as an officer under Section 221.011,
114		-	Human Resources Code.
115		-	SECTION 2. Article 66.351, Code of Criminal Procedure, is
116		-	amended to read as follows:
117		-	Art. 66.351. BIENNIAL PLANS. The Department of Public
118		-	Safety and the Texas Department of Criminal Justice, with advice
119		-	from [the council and] the Department of Information Resources,
120		-	shall develop biennial plans to:
121		-	(1) improve the reporting and accuracy of the criminal
122		-	justice information system; and
123		-	(2) develop and maintain monitoring systems capable of
124		-	identifying missing information.
125		-	SECTION 3. Articles 66.352(a), (c), (d), (e), and (f), Code
126		-	of Criminal Procedure, are amended to read as follows:
127		-	(a) At least once during each five-year period, the state
128		-	auditor [council] shall conduct [coordinate] an examination of the
129		-	records and operations of the criminal justice information system
130		-	to ensure:
131		-	(1) the accuracy and completeness of information in
132		-	the system; and
133		-	(2) the promptness of information reporting.
134		-	(c) The [council, the] Department of Public Safety[,] and
135		-	the Texas Department of Criminal Justice may examine the records of
136		-	the agencies required to report information to the Department of
137		-	Public Safety or the Texas Department of Criminal Justice.
138		-	(d) The state auditor [examining entity under Subsection
139		-	(b)] shall submit to the legislature and the governor [council] a
140		-	report that summarizes the findings of each examination and
141		-	contains recommendations for improving the criminal justice
142		-	information system.
143		-	(e) Not later than the first anniversary of the date the
144		-	state auditor [examining entity under Subsection (b)] submits a
145		-	report under Subsection (d), the Department of Public Safety shall
146		-	report to the Legislative Budget Board and[,] the governor[, and
147		-	the council] the department's progress in implementing the state
148		-	auditor's [examining entity's] recommendations, including the
149		-	reason for not implementing any recommendation.
150		-	(f) Each year following the submission of the report
151		-	described by Subsection (e), the Department of Public Safety shall
152		-	submit a similar report until each of the state auditor's
153		-	[examining entity's] recommendations is implemented.
154		-	SECTION 4. Section 19.003, Education Code, is amended to
	16	+	SECTION 1. Section 19.003, Education Code, is amended to
155	17		read as follows:
156	18		Sec. 19.003. GOALS OF THE DISTRICT. The goals of the
157	19		district in educating its students are to:
158	20		(1) reduce recidivism;
159	21		(2) reduce the cost of confinement or imprisonment;
160	22		(3) increase the success of former students [inmates]
161	23		in obtaining and maintaining employment; and
162	24		(4) provide an incentive to students [inmates] to
163	25		behave in positive ways during confinement or imprisonment.
164		-	SECTION 5. Section 19.004(c), Education Code, is amended to
	26	+	SECTION 2. Section 19.004(c), Education Code, is amended to
165	27		read as follows:
166	28		(c) The district shall:
167	29		(1) develop educational programs specifically
168	30		designed for persons eligible under Section 19.005 and ensure that
169		-	those programs, such as a high school equivalency ~~program~~ [GED] ~~and~~
170		-	an English as a second language ~~program~~ [ESL], are integrated with
171		-	an applied career and technical [vocational] context leading to
	31	+	those programs, such as high school equivalency certificate [GED]
	32	+	and English as a second language [ESL], are integrated with an
	33	+	applied career and technical [vocational] context leading to
172	34		employment;
173	35		(2) [(1-a)] develop career and technical education
174	36		[vocational training] programs specifically designed for persons
175	37		eligible under Section 19.005 and prioritize the programs that
176	38		result in certification or licensure, considering the impact that a
177	39		previous felony conviction has on the ability to secure
178	40		certification, licensure, and employment;
179	41		(3) [(1-b)] continually assess job markets in this
180	42		state and update, augment, and expand the career and technical
181	43		education [vocational training] programs developed under
182	44		Subdivision (2) [(1-a)] as necessary to provide relevant and
183	45		marketable skills to students; and
184	46		(4) [(2)] coordinate educational programs and
185	47		services in the department with those provided by other state
186	48		agencies, by political subdivisions, and by persons who provide
187	49		programs and services under contract.
188		-	SECTION 6. Section 19.0041(a), Education Code, is amended
	50	+	SECTION 3. Section 19.0041(a), Education Code, is amended
189	51		to read as follows:
190	52		(a) To evaluate the effectiveness of its programs, the
191	53		Windham School District shall compile and analyze information for
192	54		each of its programs, including performance-based information and
193	55		data related to academic, career and technical education
194		-	[vocational training], [and] life skills, and postsecondary
195		-	education programs. This information shall be disaggregated by sex
196		-	and include for each person who participates in district programs
	56	+	[vocational training], and life skills programs. This information
	57	+	shall include for each person who participates in district programs
197	58		an evaluation of:
198	59		(1) institutional disciplinary violations;
199	60		(2) subsequent arrests;
200	61		(3) subsequent convictions or confinements;
201	62		(4) the cost of confinement;
202	63		(5) educational achievement;
203	64		(6) high school equivalency examination passage;
204	65		(7) the kind of training services provided;
205	66		(8) the kind of employment the person obtains on
206	67		release;
207	68		(9) whether the employment was related to training;
208	69		(10) the difference between the amount of the person's
209	70		earnings on the date employment is obtained following release and
210	71		the amount of those earnings on the first anniversary of that date;
211		-	[and]
	72	+	and
212	73		(11) the retention factors associated with the
213		-	employment; and
214		-	(12) the number and percentage of students who
215		-	completed training in a regulated industry who applied for and were
216		-	issued or denied a certificate or license by a state agency.
217		-	SECTION 7. Section 19.0042, Education Code, is amended to
	74	+	employment.
	75	+	SECTION 4. Section 19.0042, Education Code, is amended to
218	76		read as follows:
219	77		Sec. 19.0042. INFORMATION TO BE PROVIDED BY DISTRICT BEFORE
220	78		CAREER AND TECHNICAL EDUCATION [VOCATIONAL TRAINING] PROGRAM
221	79		ENROLLMENT. Before a person described by Section 19.005 enrolls in
222	80		a district career and technical education [vocational training]
223	81		program, the district must inform the person in writing of:
224	82		(1) any rule or policy of a state agency that would
225	83		impose a restriction or prohibition on the person in obtaining a
226	84		certificate or license in connection with the career and technical
227	85		education [vocational training] program;
228	86		(2) the total number of district students released
229	87		during the preceding 10 years who have completed a district career
230	88		and technical education [vocational training] program that allows
231	89		for an opportunity to apply for a certificate or license from a
232	90		state agency and, of those students:
233	91		(A) the number who have applied for a certificate
234	92		or license from a state agency;
235	93		(B) the number who have been issued a certificate
236	94		or license by a state agency; and
237	95		(C) the number who have been denied a certificate
238	96		or license by a state agency; and
239	97		(3) the procedures for:
240	98		(A) requesting a criminal history evaluation
241	99		letter under Section 53.102, Occupations Code;
242	100		(B) providing evidence of fitness to perform the
243	101		duties and discharge the responsibilities of a licensed occupation
244	102		for purposes of Section 53.023, Occupations Code; and
245	103		(C) appealing a state agency's denial of a
246	104		certificate or license, including deadlines and due process
247	105		requirements:
248	106		(i) to the State Office of Administrative
249	107		Hearings under Subchapter C, Chapter 2001, Government Code; and
250	108		(ii) through any other available avenue.
251		-	SECTION 8. Section 19.010(a), Education Code, is amended to
	109	+	SECTION 5. Section 19.010(a), Education Code, is amended to
252	110		read as follows:
253	111		(a) The district shall propose, and the board shall adopt
254	112		with any modification the board finds necessary, a strategic plan
255	113		that includes:
256	114		(1) a mission statement relating to the goals and
257	115		duties of the district under this chapter;
258	116		(2) goals to be met by the district in carrying out the
259	117		mission stated; and
260	118		(3) specific educational, career and technical
261	119		education [vocational training], and counseling programs to be
262	120		conducted by the district to meet the goals stated in the plan.
263		-	SECTION 9. Section 19.011, Education Code, is amended by
	121	+	SECTION 6. Section 19.011, Education Code, is amended by
264	122		amending Subsection (b) and adding Subsection (c) to read as
265	123		follows:
266	124		(b) The district shall coordinate career and technical
267	125		[vocational] education and job training programs with a local
268	126		workforce development board authorized by the Texas Workforce
269	127		Commission to ensure that district students are equipped with the
270	128		skills necessary to compete for current and emerging jobs.
271		-	(c) The district may enter into an agreement with a
272		-	governmental entity, including the Texas Workforce Commission, the
273		-	Department of Public Safety, the Texas Department of Licensing and
274		-	Regulation, other regulatory entities, or the Texas Higher
275		-	Education Coordinating Board, to obtain and share data necessary to
276		-	support and evaluate district and postsecondary education programs
277		-	within the department.
278		-	SECTION 10. Section 491.001(a), Government Code, is amended
279		-	by adding Subdivision (6-a) to read as follows:
280		-	(6-a) "Office of the inspector general" means the
281		-	office of the inspector general for the department established
282		-	under Section 493.019.
283		-	SECTION 11. Section 492.002(a), Government Code, is amended
	129	+	(c) The district may share data with the Texas Higher
	130	+	Education Coordinating Board for the purpose of administering
	131	+	postsecondary education programs within the department.
	132	+	SECTION 7. Section 492.002(a), Government Code, is amended
284	133		to read as follows:
285	134		(a) The board is composed of nine members appointed by the
286	135		governor with the advice and consent of the senate. At least two
287	136		members must have significant business or corporate experience.
288	137		The governor may not appoint more than two members who reside in an
289	138		area encompassed by the same administrative judicial region, as
290	139		determined by Section 74.042.
291		-	SECTION 12. Section 492.0031, Government Code, is amended
292		-	by amending Subsection (b) and adding Subsection (d) to read as
	140	+	SECTION 8. Section 492.0031, Government Code, is amended by
	141	+	amending Subsection (b) and adding Subsection (d) to read as
293	142		follows:
294	143		(b) The training program must provide the person with
295	144		information regarding:
296		-	(1) the law governing ~~board and~~ [legislation that
297		-	~~created the]~~ department operations [and the board];
	145	+	(1) the law governing [legislation that created the]
	146	+	department operations [and the board];
298	147		(2) the programs, functions, rules, and budget of
299	148		[operated by] the department;
300	149		(3) the scope of and limitations on the rulemaking
301	150		authority [role and functions] of the board [department];
302	151		(4) [the rules of the department, with an emphasis on
303	152		the rules that relate to disciplinary and investigatory authority;
304	153		[(5) the current budget for the department;
305	154		[(6)] the results of the most recent formal audit of
306	155		the department;
307	156		(5) [(7)] the requirements of:
308	157		(A) the laws relating to open meetings, public
309	158		information, administrative procedure, and disclosing conflicts of
310	159		interest [law, Chapter 551]; and
311	160		(B) other laws applicable to members of a state
312	161		policy-making body in performing their duties [the public
313	162		information law, Chapter 552;
314	163		[(C) the administrative procedure law, Chapter
315	164		2001; and
316	165		[(D) other laws relating to public officials,
317	166		including conflict of interest laws]; and
318	167		(6) [(8)] any applicable ethics policies adopted by
319	168		the department or the Texas Ethics Commission.
320	169		(d) The executive director shall create a training manual
321	170		that includes the information required by Subsection (b). The
322	171		executive director shall distribute a copy of the training manual
323	172		annually to each member of the board. Each member of the board
324	173		shall sign and submit to the executive director a statement
325	174		acknowledging that the member received and has reviewed the
326	175		training manual.
327		-	SECTION 13. Section 492.012, Government Code, is amended to
	176	+	SECTION 9. Section 492.012, Government Code, is amended to
328	177		read as follows:
329	178		Sec. 492.012. SUNSET PROVISION. The Texas Board of
330	179		Criminal Justice and the Texas Department of Criminal Justice are
331	180		subject to Chapter 325 (Texas Sunset Act). Unless continued in
332	181		existence as provided by that chapter, the board and the department
333	182		are abolished September 1, 2037 [2025].
334		-	SECTION 14. Section 492.013, Government Code, is amended by
335		-	amending Subsections (a), (c), and (e) and adding Subsections (a-1)
336		-	and (b-1) to read as follows:
337		-	(a) The board shall maintain oversight and supervision of
338		-	the following independent reporting entities:
339		-	(1) the office of the independent auditor;
340		-	(2) the office of the independent ombudsman;
341		-	(3) the office of the inspector general;
342		-	(4) the office of the ombudsperson appointed under
343		-	Section 501.172; and
344		-	(5) the office providing legal representation under
345		-	Article 26.051, Code of Criminal Procedure, and Section 841.005,
346		-	Health and Safety Code.
347		-	(a-1) The board may adopt rules as necessary for its own
348		-	procedures and for operation of the department and the independent
349		-	reporting entities.
350		-	(b-1) The board shall employ a director for each independent
351		-	reporting entity, and each director serves at the pleasure of the
352		-	board.
353		-	(c) The board shall approve the operating budget of and
354		-	requests for appropriations for the department and the independent
355		-	reporting entities [and the department's request for
356		-	appropriations].
357		-	(e) The board shall develop and implement policies that
358		-	clearly separate the policymaking responsibilities of the board and
359		-	the management responsibilities of the executive director and the
360		-	staff of the department and the independent reporting entities.
361		-	SECTION 15. Section 493.002(a), Government Code, is amended
362		-	to read as follows:
363		-	(a) The following divisions are within the department:
364		-	(1) the community justice assistance division;
365		-	(2) the institutional division;
366		-	(3) the pardons and paroles division;
367		-	(4) [the state jail division;
368		-	[(5)] the internal audit division; and
369		-	(5) [(6)] the rehabilitation and reentry [programs
370		-	and services] division.
371		-	SECTION 16. Section 493.0021(a), Government Code, is
372		-	amended to read as follows:
373		-	(a) Notwithstanding Sections 493.002, 493.003, 493.004,
374		-	493.005, [493.0051,] 493.0052, [as added by Chapter 1360, Acts of
375		-	the 75th Legislature, Regular Session, 1997,] and 493.0053
376		-	[493.0052, as added by Chapter 490, Acts of the 75th Legislature,
377		-	Regular Session, 1997], the executive director, with the approval
378		-	of the board, may:
379		-	(1) create divisions in addition to those listed in
380		-	Section 493.002 and assign to the newly created divisions any
381		-	duties and powers imposed on or granted to an existing division or
382		-	to the department generally;
383		-	(2) eliminate any division listed in Section 493.002
384		-	or created under this section and assign any duties or powers
385		-	previously assigned to the eliminated division to another division
386		-	listed in Section 493.002 or created under this section; or
387		-	(3) eliminate all divisions listed in Section 493.002
388		-	or created under this section and reorganize the distribution of
389		-	powers and duties granted to or imposed on a division in any manner
390		-	the executive director determines is best for the proper
391		-	administration of the department.
392		-	SECTION 17. Section 493.004, Government Code, is amended to
393		-	read as follows:
394		-	Sec. 493.004. INSTITUTIONAL DIVISION. The institutional
395		-	division shall operate and manage:
396		-	(1) the state prison system; and
397		-	(2) state jails to confine defendants described by
398		-	Section 507.002.
399		-	SECTION 18. Section 493.0053, Government Code, is amended
400		-	to read as follows:
401		-	Sec. 493.0053. REHABILITATION AND REENTRY [PROGRAMS AND
402		-	SERVICES] DIVISION. (a) The rehabilitation and reentry [programs
403		-	and services] division shall administer those rehabilitation and
404		-	reintegration programs and services designated by the board under
405		-	Subsection (b).
406		-	(b) The board shall determine which programs and services
407		-	operating under the authority of the department are designed for
408		-	the primary purpose of rehabilitating inmates and shall designate
409		-	those programs and services as programs and services provided under
410		-	the direction of the rehabilitation and reentry [programs and
411		-	services] division.
412		-	SECTION 19. Section 493.0083, Government Code, is amended
413		-	to read as follows:
414		-	Sec. 493.0083. PROGRAM EVALUATION CAPABILITY. The
415		-	department shall maintain a program evaluation capability separate
416		-	from the rehabilitation and reentry [programs and services]
417		-	division to determine the effectiveness of rehabilitation and
418		-	reintegration programs and services provided to inmates and other
419		-	offenders under the jurisdiction of the department.
420		-	SECTION 20. Chapter 493, Government Code, is amended by
421		-	adding Section 493.0084 to read as follows:
	183	+	SECTION 10. Chapter 493, Government Code, is amended by
	184	+	adding Sections 493.0084 and 493.036 to read as follows:
422	185		Sec. 493.0084. INVENTORY AND EVALUATION OF ACTIVE PROGRAMS.
423	186		(a) The department shall develop and maintain a comprehensive
424		-	inventory of active programs ~~and activities~~ offered in department
425		-	~~facilities~~ that ~~includes the following information for each~~
426		-	program:
	187	+	inventory of active programs offered in department facilities,
	188	+	including peer-led programs and volunteer-led programs, that
	189	+	includes the following information for each program:
427	190		(1) program goals;
428		-	(2) program capacity; and
	191	+	(2) program capacity and enrollments; and
429	192		(3) facilities where the program is offered.
430	193		(b) The department shall make the inventory available to the
431	194		public on the department's Internet website and continuously update
432	195		the inventory.
433	196		(c) The department shall collect and analyze data for the
434		-	programs described by Subsection (a) to ~~provide oversight of~~ the
435		-	programs and to improve program offerings.
	197	+	programs described by Subsection (a) to evaluate the effectiveness
	198	+	of the programs and to improve program offerings.
436	199		(d) In carrying out the department's duties under
437	200		Subsection (c), the department shall:
438	201		(1) for programs claiming rehabilitative or reentry
439	202		effects:
440	203		(A) collect results-based performance data;
441	204		(B) work with qualified internal or external
442	205		researchers to develop criteria to evaluate the programs; and
443	206		(C) use the criteria developed under Paragraph
444	207		(B) to evaluate the programs, including the data described by
445	208		Paragraph (A);
446	209		(2) create a separate correctional elective programs
447		-	and activities category for non-evidence-based and
448		-	non-evidence-informed programs and develop criteria to evaluate
449		-	the programs;
450		-	(3) collect and analyze relevant data for program
451		-	participants in programs claiming rehabilitative or reentry
452		-	effects, such as:
	210	+	category for non-evidence-based and non-evidence-informed programs
	211	+	and develop criteria to evaluate the programs;
	212	+	(3) collect and analyze data for program participants
	213	+	relating to:
453	214		(A) institutional disciplinary violations;
454	215		(B) subsequent arrests;
455	216		(C) subsequent convictions or confinements;
456	217		(D) employment obtained following release; and
457	218		(E) cost of confinement; and
458	219		(4) use the data described by Subdivision (3) to
459	220		produce and compare recidivism rates and other correctional impact
460	221		trends and to make changes to the programs as needed.
461	222		(e) The department may make structural or programmatic
462	223		adjustments to improve program performance in response to a program
463	224		evaluation under this section indicating poor program performance.
464	225		(f) Not later than December 1 of each even-numbered year,
465	226		the department shall submit a report on the department's analysis
466	227		of programs described by Subsection (a) to the board, the Board of
467	228		Pardons and Paroles, the governor, the lieutenant governor, the
468	229		speaker of the house of representatives, and each standing
469	230		committee of the legislature with primary jurisdiction over the
470	231		department.
471	232		(g) The department may enter into a memorandum of
472	233		understanding with other entities to obtain and share data
473	234		necessary to evaluate programs under this section.
474		-	SECTION 21. Section 493.016(d), Government Code, is amended
475		-	to read as follows:
476		-	(d) The department shall provide notice [a written copy] of
477		-	the department's policies and procedures relating to complaint
478		-	investigation and resolution to:
479		-	(1) all department employees; and
480		-	(2) each person filing a complaint.
481		-	SECTION 22. Section 493.019, Government Code, is amended to
482		-	read as follows:
483		-	Sec. 493.019. OFFICE OF THE INSPECTOR GENERAL [ENFORCEMENT
484		-	OFFICERS]. (a) The office of the inspector general is established
485		-	under the direction of the board as an independent law enforcement
486		-	agency and is responsible for preventing and investigating:
487		-	(1) offenses committed by department employees and
488		-	inmates; and
489		-	(2) offenses committed at a facility operated by or
490		-	under contract with the department or at any facility in which an
491		-	individual in the custody of the department is housed or receives
492		-	medical or mental health treatment, including:
493		-	(A) unauthorized or illegal entry into a
494		-	department facility;
495		-	(B) the introduction of contraband into a
496		-	department facility;
497		-	(C) escape from a department facility and parole
498		-	absconders;
499		-	(D) organized criminal activity; and
500		-	(E) violations of department policy or
501		-	procedure.
502		-	(b) The board shall employ a commissioned peace officer as
503		-	the inspector general, who may be terminated by board action.
504		-	(c) The inspector general may employ and commission
505		-	[appoint employees who are certified by the Texas Commission on Law
506		-	Enforcement as qualified to be] peace officers for the purpose of
507		-	carrying out the duties described by this section [to serve under
508		-	the direction of the inspector general and assist the inspector
509		-	general in performing the enforcement duties of the department].
510		-	(d) Peace officers employed and commissioned under
511		-	Subsection (c) must:
512		-	(1) be licensed as an officer under Chapter 1701,
513		-	Occupations Code; and
514		-	(2) complete advanced courses relating to the duties
515		-	of peace officers employed and commissioned under Subsection (c) as
516		-	part of any continuing education requirements for the peace
517		-	officers.
518		-	(e) The office of the inspector general shall work
519		-	cooperatively with other law enforcement agencies while performing
520		-	its duties under this section or other law.
521		-	SECTION 23. Chapter 493, Government Code, is amended by
522		-	adding Section 493.036 to read as follows:
523		-	Sec. 493.036. LONG-TERM FACILITIES PLAN. (a) The
524		-	department shall prepare a 10-year plan that identifies the
525		-	department's facility and capacity needs.
526		-	(b) In developing the plan under Subsection (a), the
	235	+	Sec. 493.036. LONG-TERM FACILITIES AND STAFFING PLAN. (a)
	236	+	The department shall prepare a 10-year plan that:
	237	+	(1) identifies the department's facility and capacity
	238	+	needs; and
	239	+	(2) includes recommendations for how the state can
	240	+	house inmates in facilities that are adequately staffed.
	241	+	(b) The plan under Subsection (a) must:
	242	+	(1) examine the department's ability to operate each
	243	+	facility based on current and future staffing levels, including
	244	+	cost to the department, with consideration of demographic and
	245	+	economic trends and facility repair needs;
	246	+	(2) evaluate how the department will distribute or
	247	+	consolidate inmates efficiently based on capacity and factors such
	248	+	as custody level, medical needs, and other special needs;
	249	+	(3) evaluate any facility retrofitting necessary to
	250	+	accommodate the needs of the department's inmate population;
	251	+	(4) evaluate the construction necessary to increase
	252	+	capacity to manage the department's projected inmate population,
	253	+	including:
	254	+	(A) the ways in which the construction can be
	255	+	done in well-staffed areas of the state on existing department
	256	+	property; and
	257	+	(B) proposed timelines for the construction;
	258	+	(5) include a phased implementation plan for closing
	259	+	facilities with persistent staffing challenges; and
	260	+	(6) include estimated savings from reduced
	261	+	maintenance costs and any potential real property sales with
	262	+	respect to facilities included in the phased implementation plan.
	263	+	(c) In developing the plan under Subsection (a), the
527	264		department:
528	265		(1) must consider the various regional needs of the
529	266		state, including any ancillary or community benefits associated
530	267		with department facilities; and
531	268		(2) may contract with a third party as needed.
532		-	(c) Not later than September 1, 2026, and every fourth
	269	+	(d) In identifying potential facilities for closure as part
	270	+	of the phased implementation plan described by Subsection (b)(5),
	271	+	the department shall consider, at a minimum, the following factors
	272	+	with respect to each facility:
	273	+	(1) the department's ability to staff the facility and
	274	+	the facility's operation and maintenance costs;
	275	+	(2) vacancy rates;
	276	+	(3) facility capacity;
	277	+	(4) county-level demographic and economic data;
	278	+	(5) deferred maintenance costs;
	279	+	(6) receipt of correctional officers via staff
	280	+	transport models;
	281	+	(7) number of climate-controlled beds; and
	282	+	(8) maximum security status.
	283	+	(e) Not later than September 1, 2026, and every fourth
533	284		anniversary of that date, the department shall submit:
534	285		(1) the plan to the board for approval; and
535	286		(2) the approved plan to the governor, the lieutenant
536	287		governor, the speaker of the house of representatives, and each
537	288		standing legislative committee with jurisdiction over
538	289		appropriations or the department.
539		-	SECTION 24. Section 497.022, Government Code, is amended to
	290	+	SECTION 11. Section 497.022, Government Code, is amended to
540	291		read as follows:
541	292		Sec. 497.022. CONTRACTS. The department may contract with:
542	293		(1) another state, the federal government, a foreign
543	294		government, or an agency of any of those governments to manufacture
544	295		for or sell to those governments prison-made articles or products;
545	296		(2) a private or independent institution of higher
546	297		education to manufacture for or sell to that school or institution
547	298		prison-made articles or products; or
548	299		(3) a private school or a [visually handicapped]
549	300		person with visual impairment in this state to manufacture Braille
550	301		textbooks or other instructional aids for the education of
551	302		[visually handicapped] persons with visual impairment.
552		-	SECTION 25. Section 497.094(b), Government Code, is amended
553		-	to read as follows:
554		-	(b) The department and the Texas Workforce Investment
555		-	Council by rule shall adopt a memorandum of understanding that
556		-	establishes the respective responsibility of those entities to
557		-	provide through local workforce development boards job training and
558		-	employment assistance to persons formerly sentenced to the custody
559		-	of the department [institutional division or the state jail
560		-	division] and information on services available to employers or
561		-	potential employers of those persons. The department shall
562		-	coordinate the development of the memorandum of understanding.
563		-	SECTION 26. Sections 497.112(a) and (c), Government Code,
564		-	are amended to read as follows:
565		-	(a) The department [institutional division] shall review
566		-	annually the agricultural operations of the institutional
567		-	division. The review must include:
568		-	(1) a cost-effectiveness analysis of all agricultural
569		-	programs;
570		-	(2) a determination as to whether the institutional
571		-	division could more economically purchase certain agricultural
572		-	products rather than produce those products; and
573		-	(3) a determination as to whether certain agricultural
574		-	operations performed by inmates could be mechanized, taking into
575		-	account whether mechanization would adversely affect security or
576		-	inmate discipline.
577		-	(c) The department [institutional division] shall provide
578		-	the board with a copy of the annual review required by this section.
579		-	SECTION 27. Section 499.101, Government Code, is amended to
	303	+	SECTION 12. Section 499.101, Government Code, is amended to
580	304		read as follows:
581	305		Sec. 499.101. MAXIMUM CAPACITIES [EXISTING UNITS]. (a)
582	306		The board by rule shall establish maximum capacities for the units
583		-	in the ~~department~~. [~~institutional division~~ are as follows:
	307	+	in the institutional division. [are as follows:
584	308		[Beto I3,000
585	309		[Beto II888
586	310		[Boyd1,012
587	311		[Briscoe1,012
588	312		[Central720
589	313		[Clemens851
590	314		[Clements2,200
591	315		[Coffield3,000
592	316		[Daniel1,012
593	317		[Darrington1,610
594	318		[Diagnostic1,365
595	319		[Eastham2,050
596	320		[Ellis I1,900
597	321		[Ellis II2,260
598	322		[Ferguson2,100
599	323		[Gatesville1,571
600	324		[Goree1,058
601	325		[Hightower1,012
602	326		[Hilltop761
603	327		[Hobby1,012
604	328		[Hughes2,264
605	329		[Huntsville1,705
606	330		[Jester I323
607	331		[Jester II378
608	332		[Jester III908
609	333		[Lewis1,012
610	334		[McConnell2,264
611	335		[Michael2,264
612	336		[Mountain View718
613	337		[Pack I864
614	338		[Pack II1,088
615	339		[Panpa1,012
616	340		[Ramsey I1,400
617	341		[Ramsey II850
618	342		[Ramsey III1,000
619	343		[Retrieve770
620	344		[Roach1,012
621	345		[Robertson2,264
622	346		[Smith1,012
623	347		[Stiles2,264
624	348		[Terrell2,264
625	349		[Torres1,012
626	350		[Wynne2,300]
627	351		(b) It is the intent of the legislature that as case law
628	352		evolves and indicates that maximum capacities for units in the
629		-	~~department~~ [established under Subsection (a)] may be ~~increased, the~~
630		-	staff of the ~~department [~~institutional division] shall use the
	353	+	institutional division [established under Subsection (a)] may be
	354	+	increased, the staff of the institutional division shall use the
631	355		procedures established by this subchapter to increase those
632	356		capacities. There shall be no cause of action against the
633	357		institutional division for failure to take action under this
634	358		subsection.
635		-	SECTION 28. Section 499.102, Government Code, is amended to
636		-	read as follows:
637		-	Sec. 499.102. STAFF DETERMINATIONS AND RECOMMENDATIONS.
638		-	(a) The staff of the department [institutional division], on its
639		-	own initiative or as directed by the governor or the board, may
	359	+	SECTION 13. Section 499.102(a), Government Code, is amended
	360	+	to read as follows:
	361	+	(a) The staff of the institutional division, on its own
	362	+	initiative or as directed by the governor or the board, may
640	363		recommend to the administration of the institutional division that
641	364		the maximum capacity [established under Section 499.101] for a unit
642	365		be increased if the staff determines through written findings that
643	366		the division can increase the maximum capacity and provide:
644	367		(1) proper inmate classification and housing within
645	368		the unit that is consistent with the classification system;
646	369		(2) housing flexibility to allow necessary repairs and
647	370		routine and preventive maintenance to be performed without
648	371		compromising the classification system;
649	372		(3) adequate space in dayrooms;
650	373		(4) all meals within a reasonable time, allowing each
651	374		inmate a reasonable time within which to eat;
652	375		(5) operable hygiene facilities that ensure the
653	376		availability of a sufficient number of fixtures to serve the inmate
654	377		population;
655	378		(6) adequate laundry services;
656	379		(7) sufficient staff to:
657	380		(A) meet operational and security needs;
658	381		(B) meet health care needs, including the needs
659	382		of inmates requiring psychiatric care, inmates with an intellectual
660	383		disability, and inmates with a physical disability;
661	384		(C) provide a safe environment for inmates and
662	385		staff; and
663	386		(D) provide adequate internal affairs
664	387		investigation and review;
665	388		(8) medical, dental, and psychiatric care adequate to
666	389		ensure:
667	390		(A) minimal delays in delivery of service from
668	391		the time sick call requests are made until the service is performed;
669	392		(B) access to regional medical facilities;
670	393		(C) access to the institutional division
671	394		hospital at Galveston or contract facilities performing the same
672	395		services;
673	396		(D) access to specialty clinics; and
674	397		(E) a sufficient number of psychiatric inpatient
675	398		beds and sheltered beds for inmates with an intellectual
676	399		disability;
677	400		(9) a fair disciplinary system that ensures due
678	401		process and is adequate to ensure safety and order in the unit;
679	402		(10) work, vocational, academic, and on-the-job
680	403		training programs that afford all eligible inmates with an
681	404		opportunity to learn job skills or work habits that can be applied
682	405		on release, appropriately staffed and of sufficient quality;
683	406		(11) a sufficient number and quality of
684	407		nonprogrammatic and recreational activities for all eligible
685	408		inmates who choose to participate;
686	409		(12) adequate assistance from persons trained in the
687	410		law or a law library with a collection containing necessary
688	411		materials and space adequate for inmates to use the law library for
689	412		study related to legal matters;
690	413		(13) adequate space and staffing to permit contact and
691	414		noncontact visitation of all eligible inmates;
692	415		(14) adequate maintenance programs to repair and
693	416		prevent breakdowns caused by increased use of facilities and
694	417		fixtures; and
695	418		(15) space and staff sufficient to provide all the
696	419		services and facilities required by this section.
697		-	(b) The staff of the department [institutional division]
698		-	shall request of the Legislative Budget Board an estimate of the
699		-	initial cost of implementing the increase in capacity and the
700		-	increase in operating costs of the unit for the five years
701		-	immediately following the increase in capacity. The Legislative
702		-	Budget Board shall provide the staff with the estimates, and the
703		-	staff shall attach a copy of the estimates to the recommendations.
704		-	(c) The staff of the department [institutional division]
705		-	may not take more than 90 days from the date the process is
706		-	initiated to make recommendations on an increase in the maximum
707		-	capacity for a unit under this section.
708		-	SECTION 29. Section 499.104, Government Code, is amended to
709		-	read as follows:
710		-	Sec. 499.104. OFFICERS' REVIEW AND RECOMMENDATION. The
711		-	executive director of the department, the director of the
712		-	institutional division, the deputy director for operations, the
713		-	deputy director for finance, the deputy director for programs, the
714		-	division [deputy] director for health services, and the division
715		-	[assistant] director for classification and inmate transportation
716		-	[treatment] shall independently review staff recommendations for
717		-	an increase in the maximum capacity of a unit and the written
718		-	findings accompanying the recommendation. Not later than the 30th
719		-	day after the date of accepting the comments of the other officers,
720		-	if the executive director agrees that the new maximum capacity for
721		-	the unit is supported by the findings, the executive director shall
722		-	forward the recommendation and findings to the board.
723		-	SECTION 30. Section 499.105, Government Code, is amended to
724		-	read as follows:
725		-	Sec. 499.105. BOARD REVIEW AND IMPLEMENTATION; NOTICE TO
726		-	GOVERNOR [RECOMMENDATION]. The board shall review the
727		-	recommendation and findings forwarded to the board under Section
728		-	499.104. Not later than the 60th day after the date the board
729		-	receives the recommendation and findings, the board shall reject
730		-	the recommendation or accept or modify the recommendation. The
731		-	board may establish a new maximum capacity based on the accepted or
732		-	modified recommendation. The board shall [and] forward the
733		-	recommendation or modified recommendation and findings to the
734		-	governor. The board may not modify the recommendation by
735		-	increasing the maximum capacity specified in the recommendation.
736		-	SECTION 31. Section 499.108(b), Government Code, is amended
737		-	to read as follows:
738		-	(b) Maximum capacity for a unit must be established under
739		-	this section in the same manner as maximum capacity for a unit is
740		-	increased under Sections 499.102, 499.104, and 499.105[, 499.106,
741		-	and 499.107], except that time limits on official actions imposed
742		-	by those sections do not apply.
743		-	SECTION 32. Section 499.109(b), Government Code, is amended
744		-	to read as follows:
745		-	(b) The attorney general may authorize the institutional
746		-	division to increase the inmate population of the division above
747		-	100 percent, but only if:
748		-	(1) the staff determines through written findings that
749		-	the population may be increased without limiting the ability of the
750		-	division to transfer inmates between units as necessary for
751		-	classification, medical, and security purposes; and
752		-	(2) the administration of the department and[,] the
753		-	board[, and the governor] approve of the increase, in the same
754		-	manner as increases in capacity of individual units are approved
755		-	under Sections 499.104 and[,] 499.105[, and 499.106].
756		-	SECTION 33. Subchapter F, Chapter 499, Government Code, is
	420	+	SECTION 14. Subchapter F, Chapter 499, Government Code, is
757	421		amended by adding Section 499.1214 to read as follows:
758		-	Sec. 499.1214. PEN PACKET SUBMISSION TRAINING. ~~(a)~~ The
	422	+	Sec. 499.1214. PEN PACKET SUBMISSION TRAINING. The
759	423		department shall develop and provide annual training for county
760	424		employees on the submission of documents required before the
761	425		department takes custody of a person being transferred from a
762	426		county jail to the department, including documents required under
763	427		Sections 8(a) and (c), Article 42.09, Code of Criminal Procedure.
764		-	(b) The training required under this section may be offered
765		-	in person or online. Online training may be offered live or
766		-	prerecorded.
767		-	SECTION 34. Section 499.156, Government Code, is amended to
768		-	read as follows:
769		-	Sec. 499.156. VOCATIONAL TRAINING. The department shall
770		-	adopt a policy under which a representative of a public or private
771		-	entity, including a public or private institution of higher
772		-	education, may provide vocational training on a voluntary basis to
773		-	inmates [confined in a transfer facility authorized under this
774		-	subchapter].
775		-	SECTION 35. Section 501.002, Government Code, is amended to
776		-	read as follows:
777		-	Sec. 501.002. ASSAULT BY EMPLOYEE ON INMATE. If an employee
778		-	of the department commits an assault on an inmate housed in a
779		-	facility operated by or under contract with the department, the
780		-	executive director shall refer the matter to an appropriate law
781		-	enforcement [file a complaint with the proper] official [of the
782		-	county in which the offense occurred]. If an employee is charged
783		-	with an assault described by this section, an inmate or person who
784		-	was an inmate at the time of the alleged offense may testify in a
785		-	prosecution of the offense.
786		-	SECTION 36. Section 501.009, Government Code, is amended to
	428	+	SECTION 15. Section 501.009, Government Code, is amended to
787	429		read as follows:
788	430		Sec. 501.009. VOLUNTEER AND FAITH-BASED ORGANIZATIONS[;
789	431		REPORT]. (a) The department shall adopt a policy that requires
790		-	department staff [each warden] to identify volunteer and
	432	+	department staff responsible for rehabilitation and reentry
	433	+	programs and services [each warden] to identify volunteer and
791	434		faith-based organizations that provide programs for inmates housed
792	435		in facilities operated by the department. The policy must require
793	436		the staff [each warden] to actively encourage volunteer and
794	437		faith-based organizations to provide the following programs for
795	438		inmates in department facilities [the warden's facility]:
796	439		(1) literacy and education programs;
797	440		(2) life skills programs;
798	441		(3) job skills programs;
799	442		(4) parent-training programs;
800	443		(5) drug and alcohol rehabilitation programs;
801	444		(6) support group programs;
802	445		(7) arts and crafts programs; and
803	446		(8) other programs determined by the department to aid
804	447		inmates in the transition between confinement and society and to
805	448		reduce incidence of recidivism among inmates.
806		-	(b) The policy must require the staff ~~to solicit feedback~~
807		-	from the warden and chaplains of ~~each facility on the facility's~~
808		-	needs regarding volunteer and ~~faith-based organization provided~~
809		-	programs.
810		-	(c) The department shall include in the ~~biennial~~ report
	449	+	(b) The policy must require the staff described by
	450	+	Subsection (a) to solicit feedback from the warden and chaplains of
	451	+	each facility on the facility's needs regarding volunteer and
	452	+	faith-based organization provided programs.
	453	+	(c) The department shall include in the annual report
811	454		required under Section 493.0084(f) [that each warden submit a
812	455		report to the board not later than December 31 of each year that
813	456		includes, for the preceding fiscal year,] a summary of:
814	457		(1) the programs provided to inmates under this
815	458		section; and
816	459		(2) the actions taken [by the warden] to identify
817	460		volunteer and faith-based organizations willing to provide
818	461		programs to inmates and to encourage those organizations to provide
819	462		programs in the department facilities [warden's facility].
820		-	SECTION 37. Section 501.017(b), Government Code, is amended
	463	+	SECTION 16. Section 501.017(b), Government Code, is amended
821	464		to read as follows:
822	465		(b) The department may not enforce a claim or lien
823	466		established under this section if the inmate has a surviving spouse
824	467		or a surviving dependent or child with a disability [disabled
825	468		child].
826		-	SECTION 38. Section 501.054(h), Government Code, is amended
	469	+	SECTION 17. Section 501.054(h), Government Code, is amended
827	470		to read as follows:
828	471		(h) The department shall report to the legislature not later
829	472		than December 1 [January 15] of each even-numbered [odd-numbered]
830	473		year concerning the implementation of this section and the
831	474		participation of inmates and employees of the department in
832	475		education programs established under this section.
833		-	SECTION 39. Section 501.055(a), Government Code, is amended
834		-	to read as follows:
835		-	(a) If an inmate dies while in the custody of the
836		-	department, an employee of the facility who is in charge of the
837		-	inmate shall immediately notify the nearest justice of the peace
838		-	serving in the county in which the inmate died and the office of
839		-	inspector general [internal affairs] for the department. The
840		-	justice shall personally inspect the body and make an inquiry as to
841		-	the cause of death. The justice shall make written copies of
842		-	evidence taken during the inquest, and give one copy to the director
843		-	and one copy to a district judge serving in the county in which the
844		-	inmate died. The judge shall provide the copy to the grand jury
845		-	and, if the judge determines the evidence indicates wrongdoing,
846		-	instruct the grand jury to thoroughly investigate the cause of
847		-	death.
848		-	SECTION 40. Sections 501.057(a) and (b), Government Code,
	476	+	SECTION 18. Sections 501.057(a) and (b), Government Code,
849	477		are amended to read as follows:
850	478		(a) The department shall establish a system to identify
851	479		[mentally ill] inmates with mental illness who are nearing
852	480		eligibility for release on parole.
853	481		(b) Not later than the 30th day before the initial parole
854	482		eligibility date of an inmate identified as having a mental illness
855	483		[mentally ill], an institutional division psychiatrist shall
856	484		examine the inmate. The psychiatrist shall file a sworn
857	485		application for court-ordered temporary mental health services
858	486		under Chapter 574, Health and Safety Code, if the psychiatrist
859	487		determines that the inmate has a mental illness [is mentally ill]
860	488		and as a result of the illness the inmate meets at least one of the
861	489		criteria listed in Section 574.034 or 574.0345, Health and Safety
862	490		Code.
863		-	SECTION 41. The heading to Section 501.069, Government
	491	+	SECTION 19. The heading to Section 501.069, Government
864	492		Code, is amended to read as follows:
865	493		Sec. 501.069. OFFENDERS WITH INTELLECTUAL OR DEVELOPMENTAL
866		-	DISABILITIES [DEVELOPMENTALLY DISABLED OFFENDER PROGRAM].
867		-	SECTION 42. Section 501.092(i), Government Code, is amended
	494	+	DISABILITIES [DEVELOPMENTALLY DISABLED OFFENDER] PROGRAM.
	495	+	SECTION 20. Section 501.092(i), Government Code, is amended
868	496		to read as follows:
869	497		(i) Not later than December [September] 1 of each
870	498		even-numbered year, the department shall deliver a report of the
871	499		results of evaluations conducted under Subsection (b)(7) to the
872	500		lieutenant governor, the speaker of the house of representatives,
873	501		and each standing committee of the senate and house of
874	502		representatives having primary jurisdiction over the department.
875		-	SECTION 43. Subchapter C, Chapter 501, Government Code, is
	503	+	SECTION 21. Subchapter C, Chapter 501, Government Code, is
876	504		amended by adding Section 501.104 to read as follows:
877	505		Sec. 501.104. STRATEGIC PLAN FOR REHABILITATION AND REENTRY
878	506		PROGRAMS. (a) In this section, "parole-voted program" has the
879	507		meaning assigned by Section 508.1521.
880	508		(b) The department and the Windham School District shall
881	509		jointly develop a strategic plan for the provision of
882	510		rehabilitation and reentry programs to inmates. The strategic plan
883	511		must include program objectives and timelines intended to:
884	512		(1) increase program efficiencies, including
885	513		eliminating delays in placing inmates into parole-voted programs;
886	514		(2) reduce program redundancies;
887	515		(3) incorporate new evidence-based and
888	516		evidence-informed program approaches; and
889	517		(4) incorporate technology-based solutions.
890	518		(b-1) The strategic plan must include clear steps and
891	519		timelines to reduce, by September 1, 2027, overall parole-voted
892	520		program placement timelines by at least 50 percent compared to the
893	521		timelines on August 31, 2023. This subsection expires December 31,
894	522		2027.
895	523		(c) In developing the strategic plan, the department shall
896	524		evaluate therapeutic service contracts and obligations and
897	525		renegotiate the contracts and obligations as necessary to meet
898	526		current and projected program needs.
899	527		(d) The department and the Windham School District shall
900	528		jointly update the strategic plan at least once every five years.
901	529		(e) Not later than December 1 of each even-numbered year,
902	530		the department and the Windham School District shall submit a joint
903	531		report on the implementation of the strategic plan to the board, the
904	532		Board of Pardons and Paroles, the governor, the lieutenant
905	533		governor, the speaker of the house of representatives, and each
906	534		standing committee of the legislature with primary jurisdiction
907	535		over the department.
908	536		(f) In preparing the report under Subsection (e), the
909	537		department and the Windham School District shall consider the most
910	538		recent report prepared under Section 501.103.
911		-	SECTION 44. Section 501.138(c), Government Code, is amended
	539	+	SECTION 22. Section 501.138(c), Government Code, is amended
912	540		to read as follows:
913	541		(c) If the executive director [managed health care
914	542		administrator] has knowledge that a potential ground for removal
915	543		exists, the executive director [administrator] shall notify the
916	544		presiding officer of the committee of the potential ground. The
917	545		presiding officer shall then notify the governor and the attorney
918	546		general that a potential ground for removal exists. If the
919	547		potential ground for removal involves the presiding officer, the
920	548		executive director [managed health care administrator] shall
921	549		notify the next highest ranking officer of the committee, who shall
922	550		then notify the governor and the attorney general that a potential
923	551		ground for removal exists.
924		-	SECTION 45. Section 501.140, Government Code, is amended by
	552	+	SECTION 23. Section 501.140, Government Code, is amended by
925	553		amending Subsection (b) and adding Subsection (d) to read as
926	554		follows:
927	555		(b) The training program must provide the person with
928	556		information regarding:
929	557		(1) the law governing committee [legislation that
930	558		created the committee] operations;
931	559		(2) the programs, functions, rules, and budget of
932	560		[operated by] the committee;
933	561		(3) the scope of and limitations on the rulemaking
934	562		authority [role and functions] of the committee;
935	563		(4) [the rules of the committee with an emphasis on the
936	564		rules that relate to disciplinary and investigatory authority;
937	565		[(5) the current budget for the committee;
938	566		[(6)] the results of the most recent formal audit of
939	567		the committee;
940	568		(5) [(7)] the requirements of:
941	569		(A) laws relating to [the] open meetings, public
942	570		information, administrative procedure, and disclosing conflicts of
943	571		interest [law, Chapter 551]; and
944	572		(B) other laws applicable to members of a state
945	573		policy-making body in performing their duties [the public
946	574		information law, Chapter 552;
947	575		[(C) the administrative procedure law, Chapter
948	576		2001; and
949	577		[(D) other laws relating to public officials,
950	578		including conflict-of-interest laws]; and
951	579		(6) [(8)] any applicable ethics policies adopted by
952	580		the department [committee] or the Texas Ethics Commission.
953	581		(d) The executive director shall create a training manual
954	582		that includes the information required by Subsection (b). The
955	583		executive director shall distribute a copy of the training manual
956	584		annually to each member of the committee. Each member of the
957	585		committee shall sign and submit to the executive director a
958	586		statement acknowledging that the member received and has reviewed
959	587		the training manual.
960		-	SECTION 46. The heading to Chapter 507, Government Code, is
961		-	amended to read as follows:
962		-	CHAPTER 507. STATE JAIL MANAGEMENT [DIVISION]
963		-	SECTION 47. Sections 507.001(a) and (b), Government Code,
964		-	are amended to read as follows:
965		-	(a) The department [state jail division] may operate,
966		-	maintain, and manage state jail felony facilities to confine
967		-	inmates described by Section 507.002, and the department may
968		-	finance and construct those facilities. The department [state jail
969		-	division], with the approval of the board, may contract with [the
970		-	institutional division,] a private vendor, a community supervision
971		-	and corrections department, or the commissioners court of a county
972		-	for the construction, operation, maintenance, or management of a
973		-	state jail felony facility. The community justice assistance
974		-	division shall assist the department [state jail division] to
975		-	contract with a community supervision and corrections department
976		-	for the construction, operation, maintenance, or management of a
977		-	state jail felony facility. [The state jail division shall consult
978		-	with the community justice assistance division before contracting
979		-	with a community supervision and corrections department under this
980		-	section.] A community supervision and corrections department or
981		-	the commissioners court of a county that contracts under this
982		-	section may subcontract with a private vendor for the provision of
983		-	any or all services described by this subsection. A community
984		-	supervision and corrections department that contracts under this
985		-	section may subcontract with the commissioners court of a county
986		-	for the provision of any or all services described by this
987		-	subsection. The board may contract with a private vendor or the
988		-	commissioners court of a county for the financing or construction
989		-	of a state jail felony facility.
990		-	(b) The department [community justice assistance division
991		-	and the state jail division] shall develop and implement work
992		-	programs and programs of rehabilitation, education, and recreation
993		-	in state jail felony facilities. For each state jail felony
994		-	facility, the community justice assistance division and the
995		-	department [state jail division] shall consult with the community
996		-	supervision and corrections departments and the community justice
997		-	councils served by the facility in developing programs in that
998		-	facility, and shall develop the programs in a manner that makes
999		-	appropriate use of facilities and personnel of the community
1000		-	supervision and corrections departments. In developing the
1001		-	programs, the department [state jail division] and the community
1002		-	justice assistance division shall attempt to structure programs so
1003		-	that they are operated on a 90-day cycle, although the department
1004		-	and the division [divisions] should deviate from a 90-day schedule
1005		-	as necessary to meet the requirements of a particular program.
1006		-	SECTION 48. Section 507.002, Government Code, is amended to
1007		-	read as follows:
1008		-	Sec. 507.002. ELIGIBLE DEFENDANTS. The department [state
1009		-	jail division] may confine in a state jail felony facility
1010		-	authorized by this subchapter defendants required by a judge to
1011		-	serve a term of confinement in a state jail felony facility
1012		-	following a grant of deferred adjudication for or conviction of an
1013		-	offense punishable as a state jail felony.
1014		-	SECTION 49. Section 507.006(a), Government Code, is amended
1015		-	to read as follows:
1016		-	(a) Notwithstanding any other provision of this subchapter,
1017		-	the department [state jail division], with the approval of the
1018		-	board, may designate one or more state jail felony facilities to
1019		-	treat inmates who are eligible for confinement in a substance abuse
1020		-	felony punishment facility under Section 493.009 or to house
1021		-	inmates who are sentenced to imprisonment in the institutional
1022		-	division, but only if the designation does not deny placement in a
1023		-	state jail felony facility of defendants required to serve terms of
1024		-	confinement in a facility following conviction of state jail
1025		-	felonies. The department [division] may not house in a state jail
1026		-	felony facility an inmate who:
1027		-	(1) has a history of or has shown a pattern of violent
1028		-	or assaultive behavior in county jail or a facility operated by the
1029		-	department; or
1030		-	(2) will increase the likelihood of harm to the public
1031		-	if housed in the facility.
1032		-	SECTION 50. Section 507.022, Government Code, is amended to
1033		-	read as follows:
1034		-	Sec. 507.022. EMPLOYEES' SALARIES, ROOM AND BOARD, AND
1035		-	MEDICAL CARE. (a) Salaries of department employees assigned to a
1036		-	[of the] state jail felony facility [division] and the provision of
1037		-	board, lodging, uniforms, and other provisions to employees are as
1038		-	provided by the General Appropriations Act.
1039		-	(b) Department employees assigned to a [Employees of the]
1040		-	state jail felony facility [division] who are injured in the line of
1041		-	duty are entitled to receive free medical care and hospitalization
1042		-	from institutional division doctors and the institutional division
1043		-	hospital.
1044		-	SECTION 51. Sections 507.023(a) and (b), Government Code,
1045		-	are amended to read as follows:
1046		-	(a) The department [state jail division] shall establish
1047		-	and provide education programs to educate department [state jail
1048		-	division] employees and defendants in state jail felony facilities
1049		-	about AIDS and HIV in the same manner as the institutional division
1050		-	establishes and provides programs for employees and inmates under
1051		-	Section 501.054.
1052		-	(b) The department [state jail division] shall adopt a
1053		-	policy for handling a defendant with AIDS or HIV and shall test a
1054		-	defendant for AIDS or HIV in the same manner and subject to the same
1055		-	conditions as apply to the institutional division under Section
1056		-	501.054.
1057		-	SECTION 52. Section 507.024, Government Code, is amended to
1058		-	read as follows:
1059		-	Sec. 507.024. TRANSPORTATION OF DEFENDANTS. The board
1060		-	shall adopt rules to provide for the safe transfer of defendants
1061		-	from counties to state jail felony facilities. A sheriff may
1062		-	transport defendants to a state jail felony facility if the sheriff
1063		-	is able to perform the service as economically as if the service
1064		-	were performed by the department [division]. The department [state
1065		-	jail division] is responsible for the cost of transportation of
1066		-	defendants to a state jail felony facility [the division].
1067		-	Defendants may be transported with other persons being transported
1068		-	to the custody of the department provided appropriate security
1069		-	precautions prescribed by policies of the department are taken.
1070		-	SECTION 53. Section 507.025, Government Code, is amended to
1071		-	read as follows:
1072		-	Sec. 507.025. MEDICAL CARE. The department [state jail
1073		-	division], with the approval of the board, may contract with [the
1074		-	institutional division,] a private vendor[,] or any public health
1075		-	care provider for the provision of medical services to defendants
1076		-	in state jail felony facilities.
1077		-	SECTION 54. Section 507.029, Government Code, is amended to
1078		-	read as follows:
1079		-	Sec. 507.029. USE OF INMATE LABOR. The department may use
1080		-	the labor of inmates of the institutional division in any work or
1081		-	community service program or project performed by a [the] state
1082		-	jail felony facility [division].
1083		-	SECTION 55. Sections 507.030(a-1) and (b), Government Code,
1084		-	are amended to read as follows:
1085		-	(a-1) The department [state jail division] shall allow the
1086		-	governor, members of the legislature, and officials of the
1087		-	executive and judicial branches to enter during business hours any
1088		-	part of a state jail felony facility operated by the department
1089		-	[division], for the purpose of observing the operations of the
1090		-	department [division]. A visitor described by this subsection may
1091		-	talk with defendants away from [division] employees of the state
1092		-	jail felony facility.
1093		-	(b) The department [state jail division] shall establish a
1094		-	visitation policy for persons confined in state jail felony
1095		-	facilities. The visitation policy must:
1096		-	(1) allow visitation by a guardian of a defendant
1097		-	confined in a state jail felony facility to the same extent as the
1098		-	defendant's next of kin, including placing the guardian on the
1099		-	defendant's approved visitors list on the guardian's request and
1100		-	providing the guardian access to the defendant during a facility's
1101		-	standard visitation hours if the defendant is otherwise eligible to
1102		-	receive visitors; and
1103		-	(2) require the guardian to provide the director of
1104		-	the facility with letters of guardianship before being allowed to
1105		-	visit the defendant.
1106		-	SECTION 56. Section 507.031, Government Code, is amended to
1107		-	read as follows:
1108		-	Sec. 507.031. FURLOUGH PROGRAM. (a) The director of a
1109		-	state jail felony facility may grant a furlough to a defendant so
1110		-	that the defendant may:
1111		-	(1) obtain a medical diagnosis or medical treatment;
1112		-	(2) obtain treatment and supervision at a facility
1113		-	operated by the Health and Human Services Commission;
1114		-	(3) attend a funeral or visit a critically ill
1115		-	relative; or
1116		-	(4) participate in a programmatic activity sanctioned
1117		-	by the department [state jail division].
1118		-	(b) The department [state jail division] shall adopt
1119		-	policies for the administration of the furlough program.
1120		-	(c) A defendant furloughed under this section is considered
1121		-	to be in the custody of the department [state jail division], even
1122		-	if the defendant is not under physical guard while furloughed.
1123		-	SECTION 57. Section 507.033, Government Code, is amended to
1124		-	read as follows:
1125		-	Sec. 507.033. REHABILITATION PROGRAMS. (a) The department
1126		-	[state jail division] may allow a state jail defendant who is
1127		-	capable of serving as a tutor to tutor functionally illiterate
1128		-	defendants and shall actively encourage volunteer organizations to
1129		-	aid in the tutoring of defendants. A person who acts as a tutor may
1130		-	function only as a teacher and advisor to a defendant and may not
1131		-	exercise supervisory authority or control over the defendant.
1132		-	(b) The department [state jail division] shall actively
1133		-	encourage volunteer organizations to provide the following
1134		-	programs for defendants who are housed in state jail felony
1135		-	facilities operated by or under contract with the department
1136		-	[division]:
1137		-	(1) literacy and education programs;
1138		-	(2) life skills programs;
1139		-	(3) job skills programs;
1140		-	(4) parent-training programs;
1141		-	(5) drug and alcohol rehabilitation programs;
1142		-	(6) support group programs;
1143		-	(7) arts and crafts programs; and
1144		-	(8) other programs determined by the department
1145		-	[division] to aid defendants confined in state jail felony
1146		-	facilities in the transition from confinement or supervision back
1147		-	into society and to reduce incidents of recidivism among
1148		-	defendants.
1149		-	SECTION 58. Section 508.036, Government Code, is amended by
	588	+	SECTION 24. Section 508.036, Government Code, is amended by
1150	589		adding Subsection (a-1) to read as follows:
1151	590		(a-1) A report under Subsection (a)(5) must include:
1152	591		(1) the following information with respect to the
1153	592		release of inmates on medically recommended intensive supervision
1154	593		under Section 508.146 for the preceding 10-year period:
1155	594		(A) the number of inmates released on medically
1156	595		recommended intensive supervision;
1157	596		(B) an explanation of any trends;
1158	597		(C) release revocation rates;
1159	598		(D) types of modifications of conditions of
1160	599		release or graduated sanctions imposed; and
1161	600		(E) the approval rate of inmates reviewed by a
1162	601		parole panel described by Section 508.146(e) for release on
1163	602		medically recommended intensive supervision;
1164	603		(2) an evaluation of the consistency with which
1165	604		graduated sanctions are imposed for releasees or release on parole
1166	605		or mandatory supervision is revoked;
1167	606		(3) an evaluation of the consistency with which
1168	607		special conditions are imposed under Subchapter I; and
1169	608		(4) the rates of consensus between voting outcomes and
1170	609		hearing officer recommendations and between voting outcomes and
1171	610		other recommendations made by an employee authorized to make
1172	611		recommendations for special conditions and graduated sanctions.
1173		-	SECTION 59. Section 508.0362, Government Code, is amended
	612	+	SECTION 25. Section 508.0362, Government Code, is amended
1174	613		by amending Subsections (a) and (b) and adding Subsection (d) to
1175	614		read as follows:
1176	615		(a) [(1)] A person who is appointed to and qualifies for
1177	616		office as a member of the board may not vote, deliberate, or be
1178	617		counted as a member in attendance at a meeting of the board until
1179	618		the person completes [at least one course of] a training program
1180	619		that complies with this section.
1181	620		[(2)] A parole commissioner employed by the board may
1182	621		not vote or deliberate on a matter described by Section 508.0441
1183	622		until the person completes [at least one course of] a training
1184	623		program that complies with this section.
1185	624		(b) The [A] training program must provide the person with
1186	625		information [to the person] regarding:
1187	626		(1) the law governing board operations [enabling
1188	627		legislation that created the board];
1189	628		(2) the programs, functions, rules, and budget of
1190	629		[operated by] the board;
1191	630		(3) the scope of and limitations on the rulemaking
1192	631		authority [role and functions] of the board [and parole
1193	632		commissioners];
1194	633		(4) [the rules of the board;
1195	634		[(5) the current budget for the board;
1196	635		[(6)] the results of the most recent formal audit of
1197	636		the board;
1198	637		(5) [(7)] the requirements of [the]:
1199	638		(A) laws relating to open meetings, public
1200	639		information, administrative procedure, and disclosing conflicts of
1201	640		interest [law, Chapter 551]; and
1202	641		(B) other laws applicable to members of a state
1203	642		policy-making body in performing their duties [open records law,
1204	643		Chapter 552; and
1205	644		[(C) administrative procedure law, Chapter 2001;
1206	645		[(8) the requirements of the conflict of interest laws
1207	646		and other laws relating to public officials]; and
1208	647		(6) [(9)] any applicable ethics policies adopted by
1209	648		the board or the Texas Ethics Commission.
1210	649		(d) The board administrator shall create a training manual
1211	650		that includes the information required by Subsection (b). The
1212	651		board administrator shall distribute a copy of the training manual
1213	652		annually to each board member and parole commissioner. Each board
1214	653		member and parole commissioner shall sign and submit to the board
1215	654		administrator a statement acknowledging that the person received
1216	655		and has reviewed the training manual.
1217		-	SECTION 60. Subchapter B, Chapter 508, Government Code, is
	656	+	SECTION 26. Subchapter B, Chapter 508, Government Code, is
1218	657		amended by adding Sections 508.0421 and 508.0455 to read as
1219	658		follows:
1220	659		Sec. 508.0421. TRAINING PROGRAM ON MEDICALLY RECOMMENDED
1221	660		INTENSIVE SUPERVISION. (a) The board shall develop and provide a
1222	661		comprehensive training program on the release of inmates on
1223	662		medically recommended intensive supervision under Section 508.146
1224	663		for board members and parole commissioners serving on a parole
1225	664		panel under that section. The program must include:
1226	665		(1) background information on medically recommended
1227	666		intensive supervision; and
1228	667		(2) training and education regarding:
1229	668		(A) statutory requirements and board rules for
1230	669		the consideration and release of inmates on medically recommended
1231	670		intensive supervision;
1232	671		(B) the supervision of persons released on
1233	672		medically recommended intensive supervision, including information
1234	673		on:
1235	674		(i) the imposition of graduated sanctions
1236	675		on a releasee for a violation of a condition of release; and
1237	676		(ii) the imposition and modification of
1238	677		special conditions on a releasee; and
1239	678		(C) the medical conditions affecting inmates who
1240	679		are eligible for medically recommended intensive supervision,
1241	680		including treatments for those conditions.
1242	681		(b) In developing the training program, the board shall:
1243	682		(1) use available data on medically recommended
1244	683		intensive supervision; and
1245	684		(2) consult with the division and a practicing
1246	685		physician and psychiatrist as needed.
1247	686		(c) The board shall develop a condensed version of the
1248	687		training program that includes only the training and education
1249	688		described by Subsection (a)(2).
1250	689		(d) A member of a parole panel described by Section
1251	690		508.146(e) may not participate in a vote of the panel related to the
1252	691		release of an inmate on medically recommended intensive supervision
1253	692		until the member completes the training program described by
1254	693		Subsection (a). Each member must complete the version of the
1255	694		training program described by Subsection (c) biennially after
1256	695		completing the initial training to remain eligible to participate
1257	696		in a vote of the panel related to the release of an inmate on
1258	697		medically recommended intensive supervision. The board shall
1259	698		inform each member of any subsequent changes to the training
1260	699		developed under Subsection (a) that are made after the member
1261	700		completes the training required by this subsection.
1262	701		Sec. 508.0455. PAROLE PANEL DATA. (a) The board shall
1263	702		coordinate with the department to collect and analyze data on the
1264	703		release of inmates on parole, mandatory supervision, or medically
1265	704		recommended intensive supervision and the use of special conditions
1266	705		and graduated sanctions to evaluate outcomes and trends.
1267	706		(b) Using the data collected under Subsection (a), the board
1268	707		shall determine a method for evaluating the consistency of
1269	708		revocation decisions across all three-voter parole panels.
1270	709		(c) The board shall use its findings from the data collected
1271	710		under this section and the information described by Sections
1272	711		508.036(a-1) and 508.1445(b) in developing the training required
1273	712		under Sections 508.041 and 508.042.
1274		-	SECTION 61. Section 508.054(c), Government Code, is amended
	713	+	SECTION 27. Section 508.054(c), Government Code, is amended
1275	714		to read as follows:
1276	715		(c) The board shall periodically notify the complaint
1277	716		parties of the status of the complaint until final disposition
1278	717		unless the notice would jeopardize an ongoing investigation.
1279		-	SECTION 62. Section 508.113, Government Code, is amended by
1280		-	adding Subsection (e) to read as follows:
1281		-	(e) The division may establish a waiver procedure for when
1282		-	the director is unable to appoint persons meeting the requirements
1283		-	established under Subsection (c).
1284		-	SECTION 63. Section 508.1131, Government Code, is amended
	718	+	SECTION 28. Section 508.1131, Government Code, is amended
1285	719		by amending Subsection (a) and adding Subsection (a-1) to read as
1286	720		follows:
1287	721		(a) The Texas Board of Criminal Justice by rule [executive
1288	722		director] shall adopt a salary career ladder for parole officers.
1289	723		In adopting the salary career ladder, the Texas Board of Criminal
1290	724		Justice shall, in consultation with relevant stakeholders, review
1291	725		the current salary structure and align the salary career ladder
1292	726		with the future needs of the department.
1293	727		(a-1) The Texas Board of Criminal Justice may revise the
1294	728		[The] salary career ladder as needed [must base a parole officer's
1295	729		salary on the officer's classification and years of service with
1296	730		the department].
1297		-	SECTION 64. Section 508.1142, Government Code, is amended
	731	+	SECTION 29. Section 508.1142, Government Code, is amended
1298	732		to read as follows:
1299	733		Sec. 508.1142. PAROLE OFFICER MAXIMUM CASELOADS. (a) The
1300	734		Texas Board of Criminal Justice by rule [department] shall
1301	735		establish [adopt a policy that establishes] guidelines for a
1302	736		maximum caseload for a [each] parole officer [of:
1303	737		[(1) 60 active releasees, if the releasees are not in a
1304	738		specialized program described by Subdivisions (2)-(6);
1305	739		[(2) 35 active releasees, if the releasees are in the
1306	740		special needs offender program;
1307	741		[(3) 35 active releasees, if the releasees are in the
1308	742		therapeutic community substance abuse aftercare treatment program;
1309	743		[(4) 24 active releasees, if the releasees are in the
1310	744		sex offender program;
1311	745		[(5) 20 active releasees, if the releasees are
1312	746		electronically monitored; and
1313	747		[(6) 11 active releasees, if the releasees are in the
1314	748		super-intensive supervision program].
1315	749		(b) The Texas Board of Criminal Justice:
1316	750		(1) shall periodically review the guidelines
1317	751		established under Subsection (a) to ensure that the guidelines are
1318	752		achievable and informed by research-supported supervision
1319	753		practices; and
1320	754		(2) may revise the guidelines as needed.
1321	755		(c) The department shall conduct a job task analysis and
1322	756		workload study with respect to parole officers before the Texas
1323	757		Board of Criminal Justice adopts or amends the guidelines under
1324	758		this section [If the department is unable to meet the maximum
1325	759		caseload guidelines, the department shall submit a report to the
1326	760		Legislative Budget Board, at the end of each fiscal year in which
1327	761		the department fails to meet the guidelines, stating the amount of
1328	762		money needed by the department to meet the guidelines].
1329		-	SECTION 65. Subchapter D, Chapter 508, Government Code, is
	763	+	SECTION 30. Subchapter D, Chapter 508, Government Code, is
1330	764		amended by adding Sections 508.1143 and 508.120 to read as follows:
1331	765		Sec. 508.1143. REPORT ON PAROLE SUPERVISION APPROACHES AND
1332	766		MAXIMUM CASELOADS. (a) Not later than September 1, 2026, the
1333	767		department, in consultation with relevant stakeholders, shall:
1334	768		(1) review current parole supervision practices and
1335	769		caseload approaches; and
1336	770		(2) submit a report on proposed parole supervision
1337	771		practices and caseload approaches, including proposed maximum
1338	772		caseloads for parole officers, to the Texas Board of Criminal
1339	773		Justice, the board, the governor, the lieutenant governor, the
1340	774		speaker of the house of representatives, and each standing
1341	775		committee of the legislature with primary jurisdiction over the
1342	776		department.
1343	777		(b) The report must include:
1344	778		(1) an evaluation of the current caseload identified
1345	779		as not being actively worked on by a parole officer, considering the
1346	780		assessed parole officer staffing needs; and
1347	781		(2) the results of any department pilot project
1348	782		assessing changes to parole officer supervision practices and
1349	783		caseload approaches.
1350	784		(c) A pilot project assessing supervision practices and
1351	785		caseload approach changes described by Subsection (b)(2) may not be
1352	786		implemented statewide before submission of the report required by
1353	787		Subsection (a)(2).
1354	788		(d) This section expires September 1, 2027.
1355	789		Sec. 508.120. PROHIBITION ON CERTAIN DIVISION ACTIONS
1356	790		INVOLVING SPECIAL CONDITIONS. The division may not:
1357	791		(1) make recommendations regarding the imposition of a
1358	792		special condition before an inmate is released on parole or to
1359	793		mandatory supervision; or
1360	794		(2) review the voting decisions of a parole panel with
1361	795		respect to the imposition of a special condition.
1362		-	SECTION 66. Section 508.1445(b), Government Code, is
	796	+	SECTION 31. Section 508.1445(b), Government Code, is
1363	797		amended to read as follows:
1364	798		(b) The report must include:
1365	799		(1) a brief explanation of the parole guidelines,
1366	800		including how the board:
1367	801		(A) defines the risk factors and offense severity
1368	802		levels; and
1369	803		(B) determines the range of recommended parole
1370	804		approval rates for each guideline score;
1371	805		(2) a comparison of the range of recommended parole
1372	806		approval rates under the parole guidelines to the actual approval
1373	807		rates for individual parole panel members, each regional
1374	808		three-voter parole panel [offices], and the state as a whole; [and]
1375	809		(3) a description of instances in which the actual
1376	810		parole approval rates, including rates for each regional
1377	811		three-voter parole panel, do not meet the range of recommended
1378	812		parole approval rates under the parole guidelines, an explanation
1379	813		of the variations, and a list of actions that the board has taken or
1380	814		will take to meet the guidelines; and
1381	815		(4) information regarding the rates at which each
1382	816		regional three-voter parole panel imposes each special condition
1383	817		when approving release on parole and an explanation for any
1384	818		significant variations among the panels.
1385		-	SECTION 67. Section 508.146, Government Code, is amended by
1386		-	amending Subsections (a), (b), (d), (e), and (f) and adding
1387		-	Subsections (a-1), (g), (h), (i), and (j) to read as follows:
1388		-	(a) Subject to Subsection (b), an [An] inmate, other than an
1389		-	inmate who is serving a sentence of death or life without parole or
1390		-	an inmate who is not a citizen of the United States, as defined by
1391		-	federal law, may be released on medically recommended intensive
1392		-	supervision on a date designated by a parole panel described by
1393		-	Subsection (e)[, except that an inmate with an instant offense that
1394		-	is an offense described in Article 42A.054, Code of Criminal
1395		-	Procedure, or an inmate who has a reportable conviction or
1396		-	adjudication under Chapter 62, Code of Criminal Procedure, may only
1397		-	be considered if a medical condition of terminal illness or
1398		-	long-term care has been diagnosed by a physician,] if:
1399		-	(1) the Texas Correctional Office on Offenders with
1400		-	Medical or Mental Impairments, in cooperation with the Correctional
1401		-	Managed Health Care Committee, identifies the inmate as [being]:
1402		-	(A) being [a person who is] elderly, regardless
1403		-	of whether the inmate has a condition described in Paragraphs
1404		-	(B)-(H);
1405		-	(B) being [or] terminally ill;
1406		-	(C) having[,] a [person with] mental illness;
1407		-	(D) having[,] an intellectual disability[,] or a
1408		-	physical disability;
1409		-	(E) having[, or a person who has] a condition
1410		-	requiring long-term care[, if the inmate is an inmate with an
1411		-	instant offense that is described in Article 42A.054, Code of
1412		-	Criminal Procedure]; [or]
1413		-	(F) being [(B)] in a persistent vegetative state;
1414		-	[or]
1415		-	(G) having [being a person with] an organic brain
1416		-	syndrome with significant to total mobility impairment; or
1417		-	(H) having another eligible medical condition as
1418		-	prescribed by board rule[, if the inmate is an inmate who has a
1419		-	reportable conviction or adjudication under Chapter 62, Code of
1420		-	Criminal Procedure];
1421		-	(2) the parole panel determines that, based on the
1422		-	inmate's condition and a medical evaluation, the inmate does not
1423		-	constitute a threat to public safety; and
1424		-	(3) the inmate's medically recommended intensive
1425		-	supervision plan under Subsection (a-1) is approved by the Texas
1426		-	Correctional Office on Offenders with Medical or Mental
1427		-	Impairments.
1428		-	(a-1) The [the] Texas Correctional Office on Offenders with
1429		-	Medical or Mental Impairments, in cooperation with the [pardons and
1430		-	paroles] division, shall prepare [has prepared] for an [the] inmate
1431		-	who is eligible for release under Subsection (a) a medically
1432		-	recommended intensive supervision plan that requires the inmate to
1433		-	submit to electronic monitoring, places the inmate on
1434		-	super-intensive supervision, or otherwise ensures appropriate
1435		-	supervision of the inmate.
1436		-	(b) In addition to the requirements of Subsection (a), the
1437		-	following inmates may be released on medically recommended
1438		-	intensive supervision under that subsection only if the inmates are
1439		-	identified under Subsection (a)(1) as:
1440		-	(1) having a condition described by Subsection
1441		-	(a)(1)(B) or (E), if the inmate has an instant offense that is
1442		-	described in Article 42A.054, Code of Criminal Procedure; or
1443		-	(2) being in or having a condition described by
1444		-	Subsection (a)(1)(F) or (G), if the inmate has a reportable
1445		-	conviction or adjudication under Chapter 62, Code of Criminal
1446		-	Procedure [An inmate may be released on medically recommended
1447		-	intensive supervision only if the inmate's medically recommended
1448		-	intensive supervision plan under Subsection (a)(3) is approved by
1449		-	the Texas Correctional Office on Offenders with Medical or Mental
1450		-	Impairments].
1451		-	(d) The Texas Correctional Office on Offenders with Medical
1452		-	or Mental Impairments may [and the Texas Department of Human
1453		-	Services shall jointly] request proposals from public or private
1454		-	vendors to provide under contract services for inmates released on
1455		-	medically recommended intensive supervision. A request for
1456		-	proposals under this subsection may require that the services be
1457		-	provided in a medical care facility located in an urban area. For
1458		-	the purposes of this subsection, "urban area" means the area in this
1459		-	state within a metropolitan statistical area, according to the
1460		-	standards of the United States Bureau of the Census.
1461		-	(e) Parole [Only parole] panels composed of board members
1462		-	and parole commissioners [the presiding officer of the board and
1463		-	two members] appointed to the panel by the presiding officer may
1464		-	make determinations regarding the release of inmates on medically
1465		-	recommended intensive supervision under Subsection (a) or of
1466		-	inmates released pending deportation under Subsection (f). If the
1467		-	Texas Correctional Office [Council] on Offenders with Medical or
1468		-	Mental Impairments identifies an inmate as a candidate for release
1469		-	under the guidelines established by Subsection (a)(1), (b), or
1470		-	(f)(1), as applicable, the office [council] shall present to a
1471		-	parole panel described by this subsection relevant information
1472		-	concerning the inmate and the inmate's potential for release under
1473		-	this section.
1474		-	(f) An inmate who is not a citizen of the United States, as
1475		-	defined by federal law, who is not under a sentence of death or life
1476		-	without parole, and who does not have a reportable conviction or
1477		-	adjudication under Chapter 62, Code of Criminal Procedure, or an
1478		-	instant offense described in Article 42A.054, Code of Criminal
1479		-	Procedure, may be released to immigration authorities pending
1480		-	deportation on a date designated by a parole panel described by
1481		-	Subsection (e) if:
1482		-	(1) the Texas Correctional Office on Offenders with
1483		-	Medical or Mental Impairments, in cooperation with the Correctional
1484		-	Managed Health Care Committee, identifies the inmate as being in or
1485		-	having a condition described by Subsection (a)(1); and
1486		-	(2) the parole panel determines that on release the
1487		-	inmate would be deported to another country and that the inmate does
1488		-	not constitute a threat to public safety in the other country or
1489		-	this country and is unlikely to reenter this country illegally.
	819	+	SECTION 32. Section 508.146, Government Code, is amended by
	820	+	adding Subsections (g), (h), (i), and (j) to read as follows:
1490	821		(g) The board shall adopt rules to administer this section.
1491	822		The rules must:
1492	823		(1) specify the procedures for evaluating the
1493	824		prognosis of inmates who are eligible for medically recommended
1494	825		intensive supervision under Subsection (a) because of a qualifying
1495	826		medical condition;
1496	827		(2) specify the factors, other than an inmate's
1497	828		condition, that are relevant or statutorily required to release an
1498	829		inmate on medically recommended intensive supervision; and
1499	830		(3) define what constitutes a threat to public safety
1500	831		for purposes of Subsections (a)(2) and (f) and specify the factors
1501	832		that a parole panel described by Subsection (e) must consider when
1502	833		determining whether an inmate constitutes a threat to public
1503	834		safety.
1504	835		(h) The procedures described by Subsection (g)(1) must:
1505	836		(1) require a review of the inmate's condition by at
1506	837		least one health care practitioner; and
1507	838		(2) require each health care practitioner who reviews
1508	839		an inmate's condition as described by Subdivision (1) to provide
1509	840		the parole panel described by Subsection (e), before the panel
1510	841		makes a final determination under this section, a written report on
1511	842		the inmate's condition that:
1512	843		(A) is in plain language that is understandable
1513	844		by a nonmedical professional;
1514	845		(B) specifically describes how the inmate's
1515	846		condition and treatment for the condition will affect the inmate's
1516	847		cognitive and physical abilities and limitations; and
1517	848		(C) contains other information as required by the
1518	849		board.
1519	850		(i) The board may consult with other relevant entities for
1520	851		purposes of establishing information required in the report under
1521	852		Subsection (h)(2)(C) including:
1522	853		(1) the Correctional Managed Health Care Committee;
1523	854		(2) the division;
1524	855		(3) the Texas Correctional Office on Offenders with
1525	856		Medical or Mental Impairments;
1526	857		(4) the Texas Tech University Health Sciences Center;
1527	858		and
1528	859		(5) The University of Texas Medical Branch at
1529	860		Galveston.
1530	861		(j) Information regarding the identity of a health care
1531	862		practitioner providing a report described by Subsection (h)(2),
1532	863		other than information relating to the practitioner's
1533	864		specialization, is excepted from required disclosure under Chapter
1534	865		552. The board may release the information or redact or otherwise
1535	866		withhold the information from disclosure under Chapter 552.
1536		-	SECTION 68. Section 508.152, Government Code, is amended by
	867	+	SECTION 33. Section 508.152, Government Code, is amended by
1537	868		adding Subsection (b-3) to read as follows:
1538	869		(b-3) For purposes of Subsection (b-1)(1), an inmate's
1539	870		individual treatment plan must include a comprehensive list, in
1540	871		plain language, of the inmate's program participation that:
1541	872		(1) includes:
1542	873		(A) state-funded programs;
1543	874		(B) intensive volunteer programs; and
1544	875		(C) program enrollment and completion dates; and
1545	876		(2) distinguishes between required evidence-based
1546		-	programs and correctional elective programs ~~and activities~~ that are
1547		-	~~non-evidence~~ based or non-evidence informed.
1548		-	SECTION 69. Subchapter E, Chapter 508, Government Code, is
	877	+	programs and correctional elective programs that are non-evidence
	878	+	based or non-evidence informed.
	879	+	SECTION 34. Subchapter E, Chapter 508, Government Code, is
1549	880		amended by adding Sections 508.1521 and 508.158 to read as follows:
1550	881		Sec. 508.1521. REQUIRED INDIVIDUAL TREATMENT PLAN PROGRAMS
1551	882		AND PAROLE-VOTED PROGRAMS. (a) In this section:
1552	883		(1) "Parole-voted program" means a program or class
1553	884		that the board intends to require an inmate to complete before
1554	885		releasing the inmate on parole or to mandatory supervision.
1555	886		(2) "Required individual treatment plan program"
1556		-	means a program or class that is required ~~to be included~~ in an
1557		-	~~inmate's individual~~ treatment plan under Section 508.152 other than
1558		-	~~a parole-voted~~ program.
	887	+	means a program or class that is required in an inmate's individual
	888	+	treatment plan under Section 508.152 other than a parole-voted
	889	+	program.
1559	890		(b) The department, the board, and the Windham School
1560	891		District shall:
1561	892		(1) develop evidence-based program criteria specific
1562	893		to required individual treatment plan programs and parole-voted
1563	894		programs to be used in evaluating and assessing those programs;
1564	895		(2) develop and maintain a required individual
1565	896		treatment plan programs list and a parole-voted programs list,
1566	897		provided that a non-evidence-based or non-evidence-informed
1567	898		program may not be included on either list;
1568	899		(3) develop procedures for:
1569	900		(A) evaluating programs to be added to the
1570	901		required individual treatment plan programs list or the
1571	902		parole-voted programs list;
1572	903		(B) assessing current required individual
1573	904		treatment plan programs and parole-voted programs; and
1574	905		(C) removing programs that do not meet the
1575	906		criteria developed under Subdivision (1) from the lists of required
1576	907		individual treatment plan programs and parole-voted programs; and
1577	908		(4) coordinate on required individual treatment plan
1578	909		and parole-voted programming options through regular meetings.
1579	910		(c) In developing and maintaining the required individual
1580	911		treatment plan programs list, the department and the Windham School
1581	912		District have joint authority to decide which programs are included
1582	913		on the required individual treatment plan list.
1583	914		(d) In developing and maintaining the parole-voted programs
1584	915		list, the department and the Windham School District shall present
1585	916		programming options and program evaluation results to the board,
1586	917		provided that the board has the sole authority to decide which
1587	918		programs are included on the parole-voted programs list.
1588	919		(e) The department shall:
1589	920		(1) collect and analyze parole-voted program data on a
1590	921		rolling basis, including:
1591	922		(A) the number of inmates waiting for placement
1592	923		into a program;
1593	924		(B) the waitlist times for placement into a
1594	925		program;
1595	926		(C) the reasons for program placement delays,
1596	927		other than delays due to a program start date specified by the
1597	928		board;
1598	929		(D) vote revision requests related to program
1599	930		ineligibility, placement delays, and other factors that may affect
1600	931		parole release timelines; and
1601	932		(E) the number of inmates unable to complete
1602	933		parole-voted programs before the earliest date on which the inmates
1603	934		would have been eligible to be released following program
1604	935		completion;
1605	936		(2) use the data described by Subdivision (1) to:
1606	937		(A) calculate parole-voted program waitlist
1607	938		times;
1608	939		(B) track and reduce parole-voted program
1609	940		enrollment timelines; and
1610	941		(C) work to eliminate parole-voted program
1611	942		placement delays; and
1612	943		(3) include the data and analysis described by
1613	944		Subdivision (1) in the strategic plan required under Section
1614	945		501.104.
1615	946		(f) The department shall prioritize the placement of
1616	947		inmates into parole-voted programs, ensure parole-voted program
1617	948		capacity meets programming needs, and expand parole-voted program
1618	949		access in accordance with the strategic plan required under Section
1619	950		501.104.
1620	951		Sec. 508.158. SPECIAL CONDITIONS WORK GROUP. (a) The board
1621	952		and department shall jointly establish a work group consisting of
1622	953		board members and parole commissioners who actively serve on a
1623	954		parole panel and staff representatives from the division to assess
1624	955		the impact and effectiveness of special conditions.
1625	956		(b) The work group shall:
1626	957		(1) discuss the efficacy of special conditions;
1627	958		(2) assess the continuing need for the use of specific
1628	959		special conditions; and
1629	960		(3) identify potential modifications to special
1630	961		conditions for the board to consider adopting.
1631	962		(c) In discussing the efficacy of special conditions under
1632	963		Subsection (b), the work group shall solicit input from parole
1633	964		officers and other relevant parties.
1634	965		(d) The work group shall meet annually.
1635		-	SECTION 70. Subchapter F, Chapter 508, Government Code, is
1636		-	amended by adding Section 508.1831 to read as follows:
1637		-	Sec. 508.1831. POSTSECONDARY EDUCATION REIMBURSEMENT. (a)
1638		-	A parole panel shall require as a condition of parole or mandatory
1639		-	supervision that a releasee who had the cost of tuition and fees
1640		-	paid through a postsecondary education reimbursement program for
1641		-	enrollment in courses during the releasee's confinement in the
1642		-	department reimburse the department for those costs.
1643		-	(b) The department may not charge interest for repayment of
1644		-	costs under this section.
1645		-	(c) In a parole or mandatory supervision revocation hearing
1646		-	under Section 508.281 at which it is alleged only that the releasee
1647		-	failed to make a payment under this section, it is an affirmative
1648		-	defense to revocation that the releasee is unable to pay the amount
1649		-	required by the department. The releasee must prove the
1650		-	affirmative defense by a preponderance of the evidence.
1651		-	SECTION 71. Section 511.017, Government Code, is amended to
1652		-	read as follows:
1653		-	Sec. 511.017. DUTIES RELATED TO STATE JAIL FELONY
1654		-	FACILITIES. (a) In this section, "state[:
1655		-	[(1) "State jail division" means the state jail
1656		-	division of the Texas Department of Criminal Justice.
1657		-	[(2) "State] jail felony facility" means a state jail
1658		-	felony facility authorized by Subchapter A, Chapter 507.
1659		-	(b) The commission shall provide the Texas Department of
1660		-	Criminal Justice [state jail division] with consultation and
1661		-	technical assistance relating to the operation and construction of
1662		-	state jail felony facilities.
1663		-	SECTION 72. Section 659.015(k), Government Code, is amended
1664		-	to read as follows:
1665		-	(k) Compensatory time off to which an employee of the Texas
1666		-	Department of Criminal Justice is entitled under Subsection (f):
1667		-	(1) must be taken during the 24-month period following
1668		-	the end of the workweek in which the compensatory time was accrued;
1669		-	and
1670		-	(2) if not taken during the period described by
1671		-	Subdivision (1), shall be credited to the employee's accumulated
1672		-	vacation leave for purposes of Chapter 661 [or it lapses].
1673		-	SECTION 73. Section 661.152(b), Government Code, is amended
1674		-	to read as follows:
1675		-	(b) The amount of vacation accrues in accordance with this
1676		-	subchapter and Section 659.015(k) and may be taken in accordance
1677		-	with this subchapter.
1678		-	SECTION 74. Sections 614.002(a) and (e), Health and Safety
1679		-	Code, are amended to read as follows:
1680		-	(a) The Advisory Committee to the Texas Board of Criminal
1681		-	Justice on Offenders with Medical or Mental Impairments is composed
1682		-	of 27 [28] members.
1683		-	(e) The executive head of each of the following agencies,
1684		-	divisions of agencies, or associations, or that person's designated
1685		-	representative, shall serve as a member of the committee:
1686		-	(1) the correctional institutions division of the
1687		-	Texas Department of Criminal Justice;
1688		-	(2) the Department of State Health Services;
1689		-	(3) the parole division of the Texas Department of
1690		-	Criminal Justice;
1691		-	(4) the community justice assistance division of the
1692		-	Texas Department of Criminal Justice;
1693		-	(5) the Texas Juvenile Justice Department;
1694		-	(6) the Texas Workforce Commission [Department of
1695		-	Assistive and Rehabilitative Services];
1696		-	(7) the Correctional Managed Health Care Committee;
1697		-	(8) Mental Health America of Texas;
1698		-	(9) the Board of Pardons and Paroles;
1699		-	(10) the Texas Commission on Law Enforcement;
1700		-	(11) the Texas Council of Community Centers;
1701		-	(12) the Commission on Jail Standards;
1702		-	(13) the Texas Council for Developmental
1703		-	Disabilities;
1704		-	(14) the Arc of Texas;
1705		-	(15) the National Alliance on Mental Illness of Texas;
1706		-	(16) the Texas Veterans Commission [Parent
1707		-	Association for the Retarded of Texas, Inc.]; and
1708		-	(17) the Health and Human Services Commission[; and
1709		-	[(18) the Department of Aging and Disability
1710		-	Services].
1711		-	SECTION 75. Section 614.009, Health and Safety Code, is
	966	+	SECTION 35. Section 614.009, Health and Safety Code, is
1712	967		amended to read as follows:
1713	968		Sec. 614.009. BIENNIAL REPORT. Not later than December
1714	969		[February] 1 of each even-numbered [odd-numbered] year, the office
1715	970		shall present to the board and file with the governor, lieutenant
1716	971		governor, and speaker of the house of representatives a report
1717	972		giving the details of the office's activities during the preceding
1718	973		biennium. The report must include:
1719	974		(1) an evaluation of any demonstration project
1720	975		undertaken by the office;
1721	976		(2) an evaluation of the progress made by the office
1722	977		toward developing a plan for meeting the treatment, rehabilitative,
1723	978		and educational needs of offenders with special needs;
1724	979		(3) information on the provision of services under
1725	980		Section 614.021 to wrongfully imprisoned persons;
1726	981		(4) recommendations of the office made in accordance
1727	982		with Section 614.007(5);
1728	983		(5) [(4)] an evaluation of the development and
1729	984		implementation of the continuity of care and service programs
1730	985		established under Sections 614.013, 614.014, 614.015, 614.016, and
1731	986		614.018, changes in rules, policies, or procedures relating to the
1732	987		programs, future plans for the programs, and any recommendations
1733	988		for legislation; and
1734	989		(6) [(5)] any other recommendations that the office
1735	990		considers appropriate.
1736		-	SECTION 76. Section 614.013(b), Health and Safety Code, is
1737		-	amended to read as follows:
1738		-	(b) The memorandum of understanding must establish methods
1739		-	for:
1740		-	(1) identifying offenders with mental impairments in
1741		-	the criminal justice system and collecting and reporting prevalence
1742		-	rate data to the office;
1743		-	(2) developing interagency rules, policies,
1744		-	procedures, and standards for the coordination of care of and the
1745		-	exchange of information on offenders with mental impairments by
1746		-	local and state criminal justice agencies, the Department of State
1747		-	Health Services and the Health and Human Services Commission
1748		-	[Department of Aging and Disability Services], local mental health
1749		-	or intellectual and developmental disability authorities, the
1750		-	Commission on Jail Standards, and local jails;
1751		-	(3) identifying the services needed by offenders with
1752		-	mental impairments to reenter the community successfully; and
1753		-	(4) establishing a process to report implementation
1754		-	activities to the office.
1755		-	SECTION 77. Section 614.014, Health and Safety Code, is
1756		-	amended to read as follows:
1757		-	Sec. 614.014. CONTINUITY OF CARE FOR ELDERLY OFFENDERS.
1758		-	(a) The Texas Department of Criminal Justice, the Texas Workforce
1759		-	Commission, and the executive commissioner by rule shall adopt a
1760		-	memorandum of understanding that establishes the respective
1761		-	responsibilities of the Texas Department of Criminal Justice, the
1762		-	Department of State Health Services, the Health and Human Services
1763		-	Commission [Department of Aging and Disability Services], and the
1764		-	Texas Workforce Commission [Department of Assistive and
1765		-	Rehabilitative Services] to institute a continuity of care and
1766		-	service program for elderly offenders in the criminal justice
1767		-	system. The office shall coordinate and monitor the development
1768		-	and implementation of the memorandum of understanding.
1769		-	(b) The memorandum of understanding must establish methods
1770		-	for:
1771		-	(1) identifying elderly offenders in the criminal
1772		-	justice system;
1773		-	(2) developing interagency rules, policies, and
1774		-	procedures for the coordination of care of and the exchange of
1775		-	information on elderly offenders by local and state criminal
1776		-	justice agencies, the Department of State Health Services, the
1777		-	Health and Human Services Commission [Department of Aging and
1778		-	Disability Services], and the Texas Workforce Commission
1779		-	[Department of Assistive and Rehabilitative Services]; and
1780		-	(3) identifying the services needed by elderly
1781		-	offenders to reenter the community successfully.
1782		-	(c) The Texas Department of Criminal Justice, the
1783		-	Department of State Health Services, the Health and Human Services
1784		-	Commission [Department of Aging and Disability Services], and the
1785		-	Texas Workforce Commission [Department of Assistive and
1786		-	Rehabilitative Services] shall:
1787		-	(1) operate the continuity of care and service program
1788		-	for elderly offenders in the criminal justice system with funds
1789		-	appropriated for that purpose; and
1790		-	(2) actively seek federal grants or funds to operate
1791		-	and expand the program.
1792		-	SECTION 78. Section 614.015, Health and Safety Code, is
1793		-	amended to read as follows:
1794		-	Sec. 614.015. CONTINUITY OF CARE FOR OFFENDERS WITH
1795		-	PHYSICAL DISABILITIES, TERMINAL ILLNESSES, OR SIGNIFICANT
1796		-	ILLNESSES. (a) The Texas Department of Criminal Justice, the Texas
1797		-	Workforce Commission, and the executive commissioner by rule shall
1798		-	adopt a memorandum of understanding that establishes the respective
1799		-	responsibilities of the Texas Department of Criminal Justice, the
1800		-	Texas Workforce Commission [Department of Assistive and
1801		-	Rehabilitative Services], the Department of State Health Services,
1802		-	and the Health and Human Services Commission [Department of Aging
1803		-	and Disability Services] to institute a continuity of care and
1804		-	service program for offenders in the criminal justice system who
1805		-	are persons with physical disabilities, terminal illnesses, or
1806		-	significant illnesses. The council shall coordinate and monitor
1807		-	the development and implementation of the memorandum of
1808		-	understanding.
1809		-	(b) The memorandum of understanding must establish methods
1810		-	for:
1811		-	(1) identifying offenders in the criminal justice
1812		-	system who are persons with physical disabilities, terminal
1813		-	illnesses, or significant illnesses;
1814		-	(2) developing interagency rules, policies, and
1815		-	procedures for the coordination of care of and the exchange of
1816		-	information on offenders who are persons with physical
1817		-	disabilities, terminal illnesses, or significant illnesses by
1818		-	local and state criminal justice agencies, the Texas Department of
1819		-	Criminal Justice, the Texas Workforce Commission [Department of
1820		-	Assistive and Rehabilitative Services], the Department of State
1821		-	Health Services, and the Health and Human Services Commission
1822		-	[Department of Aging and Disability Services]; and
1823		-	(3) identifying the services needed by offenders who
1824		-	are persons with physical disabilities, terminal illnesses, or
1825		-	significant illnesses to reenter the community successfully.
1826		-	(c) The Texas Department of Criminal Justice, the Texas
1827		-	Workforce Commission [Department of Assistive and Rehabilitative
1828		-	Services], the Department of State Health Services, and the Health
1829		-	and Human Services Commission [Department of Aging and Disability
1830		-	Services] shall:
1831		-	(1) operate, with funds appropriated for that purpose,
1832		-	the continuity of care and service program for offenders in the
1833		-	criminal justice system who are persons with physical disabilities,
1834		-	terminal illnesses, or significant illnesses; and
1835		-	(2) actively seek federal grants or funds to operate
1836		-	and expand the program.
1837		-	SECTION 79. Section 614.017(c)(1), Health and Safety Code,
1838		-	is amended to read as follows:
1839		-	(1) "Agency" includes any of the following entities
1840		-	and individuals, a person with an agency relationship with one of
1841		-	the following entities or individuals, and a person who contracts
1842		-	with one or more of the following entities or individuals:
1843		-	(A) the Texas Department of Criminal Justice and
1844		-	the Correctional Managed Health Care Committee;
1845		-	(B) the Board of Pardons and Paroles;
1846		-	(C) the Department of State Health Services;
1847		-	(D) the Texas Juvenile Justice Department;
1848		-	(E) the Texas Workforce Commission [Department
1849		-	of Assistive and Rehabilitative Services];
1850		-	(F) the Texas Education Agency;
1851		-	(G) the Commission on Jail Standards;
1852		-	(H) [the Department of Aging and Disability
1853		-	Services;]
1854		-	[(I)] the Texas School for the Blind and Visually
1855		-	Impaired;
1856		-	(I) [(J)] community supervision and corrections
1857		-	departments and local juvenile probation departments;
1858		-	(J) [(K)] personal bond pretrial release offices
1859		-	established under Article 17.42, Code of Criminal Procedure;
1860		-	(K) [(L)] local jails regulated by the
1861		-	Commission on Jail Standards;
1862		-	(L) [(M)] a municipal or county health
1863		-	department;
1864		-	(M) [(N)] a hospital district;
1865		-	(N) [(O)] a judge of this state with jurisdiction
1866		-	over juvenile or criminal cases;
1867		-	(O) [(P)] an attorney who is appointed or
1868		-	retained to represent a special needs offender or a juvenile with a
1869		-	mental impairment;
1870		-	(P) [(Q)] the Health and Human Services
1871		-	Commission;
1872		-	(Q) [(R)] the Department of Information
1873		-	Resources;
1874		-	(R) [(S)] the bureau of identification and
1875		-	records of the Department of Public Safety, for the sole purpose of
1876		-	providing real-time, contemporaneous identification of individuals
1877		-	in the Department of State Health Services client data base; and
1878		-	(S) [(T)] the Department of Family and
1879		-	Protective Services.
1880		-	SECTION 80. Sections 614.018(a) and (b), Health and Safety
1881		-	Code, are amended to read as follows:
1882		-	(a) The Texas Juvenile Justice Department, the Department
1883		-	of Public Safety, the Department of State Health Services, the
1884		-	Health and Human Services Commission [Department of Aging and
1885		-	Disability Services], the Department of Family and Protective
1886		-	Services, the Texas Education Agency, and local juvenile probation
1887		-	departments shall adopt a memorandum of understanding that
1888		-	establishes their respective responsibilities to institute a
1889		-	continuity of care and service program for juveniles with mental
1890		-	impairments in the juvenile justice system. The Texas Correctional
1891		-	Office on Offenders with Medical and Mental Impairments shall
1892		-	coordinate and monitor the development and implementation of the
1893		-	memorandum of understanding.
1894		-	(b) The memorandum of understanding must establish methods
1895		-	for:
1896		-	(1) identifying juveniles with mental impairments in
1897		-	the juvenile justice system and collecting and reporting relevant
1898		-	data to the office;
1899		-	(2) developing interagency rules, policies, and
1900		-	procedures for the coordination of care of and the exchange of
1901		-	information on juveniles with mental impairments who are committed
1902		-	to or treated, served, or supervised by the Texas Juvenile Justice
1903		-	Department, the Department of Public Safety, the Department of
1904		-	State Health Services, the Department of Family and Protective
1905		-	Services, the Health and Human Services Commission [Department of
1906		-	Aging and Disability Services], the Texas Education Agency, local
1907		-	juvenile probation departments, local mental health or
1908		-	intellectual and developmental disability authorities, and
1909		-	independent school districts; and
1910		-	(3) identifying the services needed by juveniles with
1911		-	mental impairments in the juvenile justice system.
1912		-	SECTION 81. Section 841.005, Health and Safety Code, is
1913		-	amended to read as follows:
1914		-	Sec. 841.005. TEXAS BOARD OF CRIMINAL JUSTICE [OFFICE OF
1915		-	STATE COUNSEL FOR OFFENDERS]. (a) In this section, "board" means
1916		-	the Texas Board of Criminal Justice.
1917		-	(b) Except as provided by Subsection (d) [(b)], the board
1918		-	[Office of State Counsel for Offenders] shall provide
1919		-	representation for [represent] an indigent person subject to a
1920		-	civil commitment proceeding under this chapter.
1921		-	(c) In providing representation for indigent persons
1922		-	described by Subsection (b):
1923		-	(1) the board may employ attorneys, support staff, and
1924		-	any other personnel required to provide the representation;
1925		-	(2) personnel employed under Subdivision (1) are
1926		-	directly responsible to the board in the performance of their
1927		-	duties; and
1928		-	(3) the board shall pay all fees and costs associated
1929		-	with providing the representation.
1930		-	(d) [(b)] If for any reason the board [Office of State
1931		-	Counsel for Offenders] is unable to provide representation for
1932		-	[represent] an indigent person described by Subsection (b) [(a)] at
1933		-	a civil commitment proceeding under this chapter, the court shall
1934		-	appoint other counsel to represent the indigent person.
1935		-	SECTION 82. Section 306.007(b), Labor Code, is amended to
1936		-	read as follows:
1937		-	(b) The commission shall adopt a memorandum of
1938		-	understanding with each of the following agencies that establishes
1939		-	the respective responsibilities of the commission and the agencies
1940		-	in providing information described by Subsection (a) to persons
1941		-	formerly sentenced to the custody [institutional division or the
1942		-	state jail division] of the Texas Department of Criminal Justice,
1943		-	to employers or potential employers of those persons, and to local
1944		-	workforce development boards:
1945		-	(1) the Department of State Health Services;
1946		-	(2) the Texas Department of Housing and Community
1947		-	Affairs;
1948		-	(3) the Texas Veterans Commission; and
1949		-	(4) the Health and Human Services Commission.
1950		-	SECTION 83. The following provisions are repealed:
1951		-	(1) Article 66.352(b), Code of Criminal Procedure;
1952		-	(2) Section 491.001(a)(8), Government Code;
1953		-	(3) Section 493.0051, Government Code;
1954		-	(4) Section 494.011, Government Code;
1955		-	(5) Section 497.111, Government Code;
1956		-	(6) Section 499.106, Government Code;
1957		-	(7) Section 499.107, Government Code;
1958		-	(8) Section 501.062(c), Government Code;
1959		-	(9) Section 507.003, Government Code;
1960		-	(10) Section 507.004, Government Code;
1961		-	(11) Sections 508.1131(b) and (c), Government Code;
1962		-	and
1963		-	(12) Section 614.021(c), Health and Safety Code.
1964		-	SECTION 84. The change in law made by this Act to Section
	991	+	SECTION 36. The following provisions are repealed:
	992	+	(1) Section 494.011, Government Code;
	993	+	(2) Section 497.111, Government Code;
	994	+	(3) Section 501.062(c), Government Code;
	995	+	(4) Section 507.003, Government Code;
	996	+	(5) Section 507.004, Government Code;
	997	+	(6) Sections 508.1131(b) and (c), Government Code; and
	998	+	(7) Section 614.021(c), Health and Safety Code.
	999	+	SECTION 37. The change in law made by this Act to Section
1965	1000		492.002, Government Code, does not affect the entitlement of a
1966	1001		member serving on the Texas Board of Criminal Justice before the
1967	1002		effective date of this Act to continue to serve for the remainder of
1968	1003		the member's term. As the terms of members expire, the governor
1969	1004		shall appoint or reappoint members who have the qualifications
1970	1005		required by Section 492.002(a), Government Code, as amended by this
1971	1006		Act.
1972		-	SECTION 85. (a) Sections 492.0031, 501.140, and 508.0362,
	1007	+	SECTION 38. (a) Sections 492.0031, 501.140, and 508.0362,
1973	1008		Government Code, as amended by this Act, apply to a member of the
1974	1009		Texas Board of Criminal Justice, the Correctional Managed Health
1975	1010		Care Committee, or the Board of Pardons and Paroles, as applicable,
1976	1011		appointed before, on, or after the effective date of this Act.
1977	1012		(b) A member of the Texas Board of Criminal Justice, the
1978	1013		Correctional Managed Health Care Committee, or the Board of Pardons
1979	1014		and Paroles who, before the effective date of this Act, completed
1980	1015		the training program required by Section 492.0031, 501.140, or
1981	1016		508.0362, Government Code, as that law existed before the effective
1982	1017		date of this Act, is only required to complete additional training
1983	1018		on the subjects added by this Act to the training program required
1984	1019		by Section 492.0031, 501.140, or 508.0362, Government Code, as
1985	1020		applicable. A member described by this subsection may not vote,
1986	1021		deliberate, or be counted as a member in attendance at a meeting of
1987	1022		the applicable board or committee held on or after December 1, 2025,
1988	1023		until the member completes the additional training.
1989		-	SECTION 86. (a) Section 508.0362, Government Code, as
	1024	+	SECTION 39. (a) Section 508.0362, Government Code, as
1990	1025		amended by this Act, applies to a parole commissioner employed by
1991	1026		the Board of Pardons and Paroles before, on, or after the effective
1992	1027		date of this Act.
1993	1028		(b) A parole commissioner who, before the effective date of
1994	1029		this Act, completed the training program required by Section
1995	1030		508.0362, Government Code, as that law existed before the effective
1996	1031		date of this Act, is only required to complete additional training
1997	1032		on the subjects added by this Act to the training program required
1998	1033		by that section. A parole commissioner described by this
1999	1034		subsection may not vote or deliberate on a matter described by
2000	1035		Section 508.0441, Government Code, occurring on or after December
2001	1036		1, 2025, until the member completes the additional training.
2002		-	SECTION 87. Section 659.015(k), Government Code, as amended
2003		-	by this Act, applies to compensatory time accrued by an employee of
2004		-	the Texas Department of Criminal Justice before, on, or after the
2005		-	effective date of this Act.
2006		-	SECTION 88. As soon as practicable after the effective date
	1037	+	SECTION 40. As soon as practicable after the effective date
2007	1038		of this Act:
2008	1039		(1) the Texas Board of Criminal Justice shall adopt
2009	1040		the rules required by Sections 499.101(a), 508.1131, and 508.1142,
2010	1041		Government Code, as amended by this Act; and
2011	1042		(2) the Board of Pardons and Paroles shall adopt the
2012	1043		rules required by Section 508.146(g), Government Code, as added by
2013	1044		this Act.
2014		-	SECTION 89. (a) Not later than December 1, 2025, the Board
	1045	+	SECTION 41. (a) Not later than December 1, 2025, the Board
2015	1046		of Pardons and Paroles shall make the training required by Section
2016	1047		508.0421, Government Code, as added by this Act, available to board
2017	1048		members and parole commissioners described by Subsection (a) of
2018	1049		that section.
2019	1050		(b) Notwithstanding Section 508.0421(d), Government Code,
2020	1051		as added by this Act, a board member or parole commissioner to whom
2021	1052		that section applies is not required to complete the training
2022	1053		required by that section until December 1, 2025.
2023		-	SECTION 90. Not later than September 1, 2026:
	1054	+	SECTION 42. Not later than September 1, 2026:
2024	1055		(1) the Texas Department of Criminal Justice and the
2025	1056		Windham School District shall develop the strategic plan required
2026	1057		by Section 501.104, Government Code, as added by this Act; and
2027	1058		(2) the Texas Department of Criminal Justice shall
2028	1059		revise each inmate's individual treatment plan as necessary to
2029	1060		conform to the requirements of Section 508.152(b-3), Government
2030	1061		Code, as added by this Act.
2031		-	SECTION 91. The Board of Pardons and Paroles is not required
	1062	+	SECTION 43. The Board of Pardons and Paroles is not required
2032	1063		to comply with the changes in law made by this Act to Sections
2033	1064		508.036 and 508.1445, Government Code, until September 1, 2026.
2034		-	SECTION 92. It is the intent of the 89th Legislature,
2035		-	Regular Session, 2025, that the amendments made by this Act be
2036		-	harmonized with another Act of the 89th Legislature, Regular
2037		-	Session, 2025, relating to nonsubstantive additions to and
2038		-	corrections in enacted codes.
2039		-	SECTION 93. This Act takes effect September 1, 2025.
2040		-	* * * * *
	1065	+	SECTION 44. This Act takes effect September 1, 2025.