By: Parker, et al. S.B. No. 2405
(In the Senate - Filed March 12, 2025; March 25, 2025, read
first time and referred to Committee on Criminal Justice;
April 10, 2025, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 0; April 10, 2025,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2405 By: Flores
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Texas Board of
Criminal Justice and the Texas Department of Criminal Justice and
to the functions of the Board of Pardons and Paroles, the
Correctional Managed Health Care Committee, the Texas Correctional
Office on Offenders with Medical or Mental Impairments, and the
Windham School District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2A.001, Code of Criminal Procedure, is
amended to read as follows:
Art. 2A.001. PEACE OFFICERS GENERALLY. The following are
peace officers:
(1) a sheriff, a sheriff's deputy, or a reserve deputy
sheriff who holds a permanent peace officer license issued under
Chapter 1701, Occupations Code;
(2) a constable, a deputy constable, or a reserve
deputy constable who holds a permanent peace officer license issued
under Chapter 1701, Occupations Code;
(3) a marshal or police officer of a municipality or a
reserve municipal police officer who holds a permanent peace
officer license issued under Chapter 1701, Occupations Code;
(4) a ranger, officer, or member of the reserve
officer corps commissioned by the Public Safety Commission and the
director of the Department of Public Safety;
(5) an investigator of a district attorney's, criminal
district attorney's, or county attorney's office;
(6) a law enforcement agent of the Texas Alcoholic
Beverage Commission;
(7) a member of an arson investigating unit
commissioned by a municipality, a county, or the state;
(8) an officer commissioned under Section 37.081,
Education Code, or Subchapter E, Chapter 51, Education Code;
(9) an officer commissioned by the Texas Facilities
Commission;
(10) a law enforcement officer commissioned by the
Parks and Wildlife Commission;
(11) an officer commissioned under Chapter 23,
Transportation Code;
(12) a municipal park and recreational patrol officer
or security officer;
(13) a security officer or investigator commissioned
as a peace officer by the comptroller;
(14) an officer commissioned by a water control and
improvement district under Section 49.216, Water Code;
(15) an officer commissioned by a board of trustees
under Chapter 54, Transportation Code;
(16) an investigator commissioned by the Texas Medical
Board;
(17) an officer commissioned by:
(A) the board of managers of the Dallas County
Hospital District, the Tarrant County Hospital District, the Bexar
County Hospital District, or the El Paso County Hospital District
under Section 281.057, Health and Safety Code;
(B) the board of directors of the Ector County
Hospital District under Section 1024.117, Special District Local
Laws Code;
(C) the board of directors of the Midland County
Hospital District of Midland County, Texas, under Section 1061.121,
Special District Local Laws Code; or
(D) the board of hospital managers of the Lubbock
County Hospital District of Lubbock County, Texas, under Section
1053.113, Special District Local Laws Code;
(18) a county park ranger commissioned under
Subchapter E, Chapter 351, Local Government Code;
(19) an investigator employed by the Texas Racing
Commission;
(20) an officer commissioned under Chapter 554,
Occupations Code;
(21) an officer commissioned by the governing body of
a metropolitan rapid transit authority under Section 451.108,
Transportation Code, or a regional transportation authority under
Section 452.110, Transportation Code;
(22) an investigator commissioned by the attorney
general under Section 402.009, Government Code;
(23) a security officer or investigator commissioned
as a peace officer under Chapter 466, Government Code;
(24) an officer appointed by an appellate court under
Subchapter F, Chapter 53, Government Code;
(25) an officer commissioned by the state fire marshal
under Chapter 417, Government Code;
(26) an investigator commissioned by the commissioner
of insurance under Section 701.104, Insurance Code;
(27) an apprehension specialist or inspector general
commissioned by the Texas Juvenile Justice Department as an officer
under Section 242.102 or 243.052, Human Resources Code;
(28) an officer commissioned [appointed] by the
inspector general of the Texas Department of Criminal Justice under
Section 493.019, Government Code;
(29) an investigator commissioned by the Texas
Commission on Law Enforcement under Section 1701.160, Occupations
Code;
(30) a fire marshal or any related officer, inspector,
or investigator commissioned by a county under Subchapter B,
Chapter 352, Local Government Code;
(31) a fire marshal or any officer, inspector, or
investigator commissioned by an emergency services district under
Chapter 775, Health and Safety Code;
(32) an officer commissioned by the State Board of
Dental Examiners under Section 254.013, Occupations Code, subject
to the limitations imposed by that section; and
(33) an investigator commissioned by the Texas
Juvenile Justice Department as an officer under Section 221.011,
Human Resources Code.
SECTION 2. Article 66.351, Code of Criminal Procedure, is
amended to read as follows:
Art. 66.351. BIENNIAL PLANS. The Department of Public
Safety and the Texas Department of Criminal Justice, with advice
from [the council and] the Department of Information Resources,
shall develop biennial plans to:
(1) improve the reporting and accuracy of the criminal
justice information system; and
(2) develop and maintain monitoring systems capable of
identifying missing information.
SECTION 3. Articles 66.352(a), (c), (d), (e), and (f), Code
of Criminal Procedure, are amended to read as follows:
(a) At least once during each five-year period, the state
auditor [council] shall conduct [coordinate] an examination of the
records and operations of the criminal justice information system
to ensure:
(1) the accuracy and completeness of information in
the system; and
(2) the promptness of information reporting.
(c) The [council, the] Department of Public Safety[,] and
the Texas Department of Criminal Justice may examine the records of
the agencies required to report information to the Department of
Public Safety or the Texas Department of Criminal Justice.
(d) The state auditor [examining entity under Subsection
(b)] shall submit to the legislature and the governor [council] a
report that summarizes the findings of each examination and
contains recommendations for improving the criminal justice
information system.
(e) Not later than the first anniversary of the date the
state auditor [examining entity under Subsection (b)] submits a
report under Subsection (d), the Department of Public Safety shall
report to the Legislative Budget Board and[,] the governor[, and
the council] the department's progress in implementing the state
auditor's [examining entity's] recommendations, including the
reason for not implementing any recommendation.
(f) Each year following the submission of the report
described by Subsection (e), the Department of Public Safety shall
submit a similar report until each of the state auditor's
[examining entity's] recommendations is implemented.
SECTION 4. Section 19.003, Education Code, is amended to
read as follows:
Sec. 19.003. GOALS OF THE DISTRICT. The goals of the
district in educating its students are to:
(1) reduce recidivism;
(2) reduce the cost of confinement or imprisonment;
(3) increase the success of former students [inmates]
in obtaining and maintaining employment; and
(4) provide an incentive to students [inmates] to
behave in positive ways during confinement or imprisonment.
SECTION 5. Section 19.004(c), Education Code, is amended to
read as follows:
(c) The district shall:
(1) develop educational programs specifically
designed for persons eligible under Section 19.005 and ensure that
those programs, such as a high school equivalency program [GED] and
an English as a second language program [ESL], are integrated with
an applied career and technical [vocational] context leading to
employment;
(2) [(1-a)] develop career and technical education
[vocational training] programs specifically designed for persons
eligible under Section 19.005 and prioritize the programs that
result in certification or licensure, considering the impact that a
previous felony conviction has on the ability to secure
certification, licensure, and employment;
(3) [(1-b)] continually assess job markets in this
state and update, augment, and expand the career and technical
education [vocational training] programs developed under
Subdivision (2) [(1-a)] as necessary to provide relevant and
marketable skills to students; and
(4) [(2)] coordinate educational programs and
services in the department with those provided by other state
agencies, by political subdivisions, and by persons who provide
programs and services under contract.
SECTION 6. Section 19.0041(a), Education Code, is amended
to read as follows:
(a) To evaluate the effectiveness of its programs, the
Windham School District shall compile and analyze information for
each of its programs, including performance-based information and
data related to academic, career and technical education
[vocational training], [and] life skills, and postsecondary
education programs. This information shall be disaggregated by sex
and include for each person who participates in district programs
an evaluation of:
(1) institutional disciplinary violations;
(2) subsequent arrests;
(3) subsequent convictions or confinements;
(4) the cost of confinement;
(5) educational achievement;
(6) high school equivalency examination passage;
(7) the kind of training services provided;
(8) the kind of employment the person obtains on
release;
(9) whether the employment was related to training;
(10) the difference between the amount of the person's
earnings on the date employment is obtained following release and
the amount of those earnings on the first anniversary of that date;
[and]
(11) the retention factors associated with the
employment; and
(12) the number and percentage of students who
completed training in a regulated industry who applied for and were
issued or denied a certificate or license by a state agency.
SECTION 7. Section 19.0042, Education Code, is amended to
read as follows:
Sec. 19.0042. INFORMATION TO BE PROVIDED BY DISTRICT BEFORE
CAREER AND TECHNICAL EDUCATION [VOCATIONAL TRAINING] PROGRAM
ENROLLMENT. Before a person described by Section 19.005 enrolls in
a district career and technical education [vocational training]
program, the district must inform the person in writing of:
(1) any rule or policy of a state agency that would
impose a restriction or prohibition on the person in obtaining a
certificate or license in connection with the career and technical
education [vocational training] program;
(2) the total number of district students released
during the preceding 10 years who have completed a district career
and technical education [vocational training] program that allows
for an opportunity to apply for a certificate or license from a
state agency and, of those students:
(A) the number who have applied for a certificate
or license from a state agency;
(B) the number who have been issued a certificate
or license by a state agency; and
(C) the number who have been denied a certificate
or license by a state agency; and
(3) the procedures for:
(A) requesting a criminal history evaluation
letter under Section 53.102, Occupations Code;
(B) providing evidence of fitness to perform the
duties and discharge the responsibilities of a licensed occupation
for purposes of Section 53.023, Occupations Code; and
(C) appealing a state agency's denial of a
certificate or license, including deadlines and due process
requirements:
(i) to the State Office of Administrative
Hearings under Subchapter C, Chapter 2001, Government Code; and
(ii) through any other available avenue.
SECTION 8. Section 19.010(a), Education Code, is amended to
read as follows:
(a) The district shall propose, and the board shall adopt
with any modification the board finds necessary, a strategic plan
that includes:
(1) a mission statement relating to the goals and
duties of the district under this chapter;
(2) goals to be met by the district in carrying out the
mission stated; and
(3) specific educational, career and technical
education [vocational training], and counseling programs to be
conducted by the district to meet the goals stated in the plan.
SECTION 9. Section 19.011, Education Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) The district shall coordinate career and technical
[vocational] education and job training programs with a local
workforce development board authorized by the Texas Workforce
Commission to ensure that district students are equipped with the
skills necessary to compete for current and emerging jobs.
(c) The district may enter into an agreement with a
governmental entity, including the Texas Workforce Commission, the
Department of Public Safety, the Texas Department of Licensing and
Regulation, other regulatory entities, or the Texas Higher
Education Coordinating Board, to obtain and share data necessary to
support and evaluate district and postsecondary education programs
within the department.
SECTION 10. Section 491.001(a), Government Code, is amended
by adding Subdivision (6-a) to read as follows:
(6-a) "Office of the inspector general" means the
office of the inspector general for the department established
under Section 493.019.
SECTION 11. Section 492.002(a), Government Code, is amended
to read as follows:
(a) The board is composed of nine members appointed by the
governor with the advice and consent of the senate. At least two
members must have significant business or corporate experience.
The governor may not appoint more than two members who reside in an
area encompassed by the same administrative judicial region, as
determined by Section 74.042.
SECTION 12. Section 492.0031, Government Code, is amended
by amending Subsection (b) and adding Subsection (d) to read as
follows:
(b) The training program must provide the person with
information regarding:
(1) the law governing board and [legislation that
created the] department operations [and the board];
(2) the programs, functions, rules, and budget of
[operated by] the department;
(3) the scope of and limitations on the rulemaking
authority [role and functions] of the board [department];
(4) [the rules of the department, with an emphasis on
the rules that relate to disciplinary and investigatory authority;
[(5) the current budget for the department;
[(6)] the results of the most recent formal audit of
the department;
(5) [(7)] the requirements of:
(A) the laws relating to open meetings, public
information, administrative procedure, and disclosing conflicts of
interest [law, Chapter 551]; and
(B) other laws applicable to members of a state
policy-making body in performing their duties [the public
information law, Chapter 552;
[(C) the administrative procedure law, Chapter
2001; and
[(D) other laws relating to public officials,
including conflict of interest laws]; and
(6) [(8)] any applicable ethics policies adopted by
the department or the Texas Ethics Commission.
(d) The executive director shall create a training manual
that includes the information required by Subsection (b). The
executive director shall distribute a copy of the training manual
annually to each member of the board. Each member of the board
shall sign and submit to the executive director a statement
acknowledging that the member received and has reviewed the
training manual.
SECTION 13. Section 492.012, Government Code, is amended to
read as follows:
Sec. 492.012. SUNSET PROVISION. The Texas Board of
Criminal Justice and the Texas Department of Criminal Justice are
subject to Chapter 325 (Texas Sunset Act). Unless continued in
existence as provided by that chapter, the board and the department
are abolished September 1, 2037 [2025].
SECTION 14. Section 492.013, Government Code, is amended by
amending Subsections (a), (c), and (e) and adding Subsections (a-1)
and (b-1) to read as follows:
(a) The board shall maintain oversight and supervision of
the following independent reporting entities:
(1) the office of the independent auditor;
(2) the office of the independent ombudsman;
(3) the office of the inspector general;
(4) the office of the ombudsperson appointed under
Section 501.172; and
(5) the office providing legal representation under
Article 26.051, Code of Criminal Procedure, and Section 841.005,
Health and Safety Code.
(a-1) The board may adopt rules as necessary for its own
procedures and for operation of the department and the independent
reporting entities.
(b-1) The board shall employ a director for each independent
reporting entity, and each director serves at the pleasure of the
board.
(c) The board shall approve the operating budget of and
requests for appropriations for the department and the independent
reporting entities [and the department's request for
appropriations].
(e) The board shall develop and implement policies that
clearly separate the policymaking responsibilities of the board and
the management responsibilities of the executive director and the
staff of the department and the independent reporting entities.
SECTION 15. Section 493.002(a), Government Code, is amended
to read as follows:
(a) The following divisions are within the department:
(1) the community justice assistance division;
(2) the institutional division;
(3) the pardons and paroles division;
(4) [the state jail division;
[(5)] the internal audit division; and
(5) [(6)] the rehabilitation and reentry [programs
and services] division.
SECTION 16. Section 493.0021(a), Government Code, is
amended to read as follows:
(a) Notwithstanding Sections 493.002, 493.003, 493.004,
493.005, [493.0051,] 493.0052, [as added by Chapter 1360, Acts of
the 75th Legislature, Regular Session, 1997,] and 493.0053
[493.0052, as added by Chapter 490, Acts of the 75th Legislature,
Regular Session, 1997], the executive director, with the approval
of the board, may:
(1) create divisions in addition to those listed in
Section 493.002 and assign to the newly created divisions any
duties and powers imposed on or granted to an existing division or
to the department generally;
(2) eliminate any division listed in Section 493.002
or created under this section and assign any duties or powers
previously assigned to the eliminated division to another division
listed in Section 493.002 or created under this section; or
(3) eliminate all divisions listed in Section 493.002
or created under this section and reorganize the distribution of
powers and duties granted to or imposed on a division in any manner
the executive director determines is best for the proper
administration of the department.
SECTION 17. Section 493.004, Government Code, is amended to
read as follows:
Sec. 493.004. INSTITUTIONAL DIVISION. The institutional
division shall operate and manage:
(1) the state prison system; and
(2) state jails to confine defendants described by
Section 507.002.
SECTION 18. Section 493.0053, Government Code, is amended
to read as follows:
Sec. 493.0053. REHABILITATION AND REENTRY [PROGRAMS AND
SERVICES] DIVISION. (a) The rehabilitation and reentry [programs
and services] division shall administer those rehabilitation and
reintegration programs and services designated by the board under
Subsection (b).
(b) The board shall determine which programs and services
operating under the authority of the department are designed for
the primary purpose of rehabilitating inmates and shall designate
those programs and services as programs and services provided under
the direction of the rehabilitation and reentry [programs and
services] division.
SECTION 19. Section 493.0083, Government Code, is amended
to read as follows:
Sec. 493.0083. PROGRAM EVALUATION CAPABILITY. The
department shall maintain a program evaluation capability separate
from the rehabilitation and reentry [programs and services]
division to determine the effectiveness of rehabilitation and
reintegration programs and services provided to inmates and other
offenders under the jurisdiction of the department.
SECTION 20. Chapter 493, Government Code, is amended by
adding Section 493.0084 to read as follows:
Sec. 493.0084. INVENTORY AND EVALUATION OF ACTIVE PROGRAMS.
(a) The department shall develop and maintain a comprehensive
inventory of active programs and activities offered in department
facilities that includes the following information for each
program:
(1) program goals;
(2) program capacity; and
(3) facilities where the program is offered.
(b) The department shall make the inventory available to the
public on the department's Internet website and continuously update
the inventory.
(c) The department shall collect and analyze data for the
programs described by Subsection (a) to provide oversight of the
programs and to improve program offerings.
(d) In carrying out the department's duties under
Subsection (c), the department shall:
(1) for programs claiming rehabilitative or reentry
effects:
(A) collect results-based performance data;
(B) work with qualified internal or external
researchers to develop criteria to evaluate the programs; and
(C) use the criteria developed under Paragraph
(B) to evaluate the programs, including the data described by
Paragraph (A);
(2) create a separate correctional elective programs
and activities category for non-evidence-based and
non-evidence-informed programs and develop criteria to evaluate
the programs;
(3) collect and analyze relevant data for program
participants in programs claiming rehabilitative or reentry
effects, such as:
(A) institutional disciplinary violations;
(B) subsequent arrests;
(C) subsequent convictions or confinements;
(D) employment obtained following release; and
(E) cost of confinement; and
(4) use the data described by Subdivision (3) to
produce and compare recidivism rates and other correctional impact
trends and to make changes to the programs as needed.
(e) The department may make structural or programmatic
adjustments to improve program performance in response to a program
evaluation under this section indicating poor program performance.
(f) Not later than December 1 of each even-numbered year,
the department shall submit a report on the department's analysis
of programs described by Subsection (a) to the board, the Board of
Pardons and Paroles, the governor, the lieutenant governor, the
speaker of the house of representatives, and each standing
committee of the legislature with primary jurisdiction over the
department.
(g) The department may enter into a memorandum of
understanding with other entities to obtain and share data
necessary to evaluate programs under this section.
SECTION 21. Section 493.016(d), Government Code, is amended
to read as follows:
(d) The department shall provide notice [a written copy] of
the department's policies and procedures relating to complaint
investigation and resolution to:
(1) all department employees; and
(2) each person filing a complaint.
SECTION 22. Section 493.019, Government Code, is amended to
read as follows:
Sec. 493.019. OFFICE OF THE INSPECTOR GENERAL [ENFORCEMENT
OFFICERS]. (a) The office of the inspector general is established
under the direction of the board as an independent law enforcement
agency and is responsible for preventing and investigating:
(1) offenses committed by department employees and
inmates; and
(2) offenses committed at a facility operated by or
under contract with the department or at any facility in which an
individual in the custody of the department is housed or receives
medical or mental health treatment, including:
(A) unauthorized or illegal entry into a
department facility;
(B) the introduction of contraband into a
department facility;
(C) escape from a department facility and parole
absconders;
(D) organized criminal activity; and
(E) violations of department policy or
procedure.
(b) The board shall employ a commissioned peace officer as
the inspector general, who may be terminated by board action.
(c) The inspector general may employ and commission
[appoint employees who are certified by the Texas Commission on Law
Enforcement as qualified to be] peace officers for the purpose of
carrying out the duties described by this section [to serve under
the direction of the inspector general and assist the inspector
general in performing the enforcement duties of the department].
(d) Peace officers employed and commissioned under
Subsection (c) must:
(1) be licensed as an officer under Chapter 1701,
Occupations Code; and
(2) complete advanced courses relating to the duties
of peace officers employed and commissioned under Subsection (c) as
part of any continuing education requirements for the peace
officers.
(e) The office of the inspector general shall work
cooperatively with other law enforcement agencies while performing
its duties under this section or other law.
SECTION 23. Chapter 493, Government Code, is amended by
adding Section 493.036 to read as follows:
Sec. 493.036. LONG-TERM FACILITIES PLAN. (a) The
department shall prepare a 10-year plan that identifies the
department's facility and capacity needs.
(b) In developing the plan under Subsection (a), the
department:
(1) must consider the various regional needs of the
state, including any ancillary or community benefits associated
with department facilities; and
(2) may contract with a third party as needed.
(c) Not later than September 1, 2026, and every fourth
anniversary of that date, the department shall submit:
(1) the plan to the board for approval; and
(2) the approved plan to the governor, the lieutenant
governor, the speaker of the house of representatives, and each
standing legislative committee with jurisdiction over
appropriations or the department.
SECTION 24. Section 497.022, Government Code, is amended to
read as follows:
Sec. 497.022. CONTRACTS. The department may contract with:
(1) another state, the federal government, a foreign
government, or an agency of any of those governments to manufacture
for or sell to those governments prison-made articles or products;
(2) a private or independent institution of higher
education to manufacture for or sell to that school or institution
prison-made articles or products; or
(3) a private school or a [visually handicapped]
person with visual impairment in this state to manufacture Braille
textbooks or other instructional aids for the education of
[visually handicapped] persons with visual impairment.
SECTION 25. Section 497.094(b), Government Code, is amended
to read as follows:
(b) The department and the Texas Workforce Investment
Council by rule shall adopt a memorandum of understanding that
establishes the respective responsibility of those entities to
provide through local workforce development boards job training and
employment assistance to persons formerly sentenced to the custody
of the department [institutional division or the state jail
division] and information on services available to employers or
potential employers of those persons. The department shall
coordinate the development of the memorandum of understanding.
SECTION 26. Sections 497.112(a) and (c), Government Code,
are amended to read as follows:
(a) The department [institutional division] shall review
annually the agricultural operations of the institutional
division. The review must include:
(1) a cost-effectiveness analysis of all agricultural
programs;
(2) a determination as to whether the institutional
division could more economically purchase certain agricultural
products rather than produce those products; and
(3) a determination as to whether certain agricultural
operations performed by inmates could be mechanized, taking into
account whether mechanization would adversely affect security or
inmate discipline.
(c) The department [institutional division] shall provide
the board with a copy of the annual review required by this section.
SECTION 27. Section 499.101, Government Code, is amended to
read as follows:
Sec. 499.101. MAXIMUM CAPACITIES [EXISTING UNITS]. (a)
The board by rule shall establish maximum capacities for the units
in the department. [institutional division are as follows:
[Beto I3,000
[Beto II888
[Boyd1,012
[Briscoe1,012
[Central720
[Clemens851
[Clements2,200
[Coffield3,000
[Daniel1,012
[Darrington1,610
[Diagnostic1,365
[Eastham2,050
[Ellis I1,900
[Ellis II2,260
[Ferguson2,100
[Gatesville1,571
[Goree1,058
[Hightower1,012
[Hilltop761
[Hobby1,012
[Hughes2,264
[Huntsville1,705
[Jester I323
[Jester II378
[Jester III908
[Lewis1,012
[McConnell2,264
[Michael2,264
[Mountain View718
[Pack I864
[Pack II1,088
[Panpa1,012
[Ramsey I1,400
[Ramsey II850
[Ramsey III1,000
[Retrieve770
[Roach1,012
[Robertson2,264
[Smith1,012
[Stiles2,264
[Terrell2,264
[Torres1,012
[Wynne2,300]
(b) It is the intent of the legislature that as case law
evolves and indicates that maximum capacities for units in the
department [established under Subsection (a)] may be increased, the
staff of the department [institutional division] shall use the
procedures established by this subchapter to increase those
capacities. There shall be no cause of action against the
institutional division for failure to take action under this
subsection.
SECTION 28. Section 499.102, Government Code, is amended to
read as follows:
Sec. 499.102. STAFF DETERMINATIONS AND RECOMMENDATIONS.
(a) The staff of the department [institutional division], on its
own initiative or as directed by the governor or the board, may
recommend to the administration of the institutional division that
the maximum capacity [established under Section 499.101] for a unit
be increased if the staff determines through written findings that
the division can increase the maximum capacity and provide:
(1) proper inmate classification and housing within
the unit that is consistent with the classification system;
(2) housing flexibility to allow necessary repairs and
routine and preventive maintenance to be performed without
compromising the classification system;
(3) adequate space in dayrooms;
(4) all meals within a reasonable time, allowing each
inmate a reasonable time within which to eat;
(5) operable hygiene facilities that ensure the
availability of a sufficient number of fixtures to serve the inmate
population;
(6) adequate laundry services;
(7) sufficient staff to:
(A) meet operational and security needs;
(B) meet health care needs, including the needs
of inmates requiring psychiatric care, inmates with an intellectual
disability, and inmates with a physical disability;
(C) provide a safe environment for inmates and
staff; and
(D) provide adequate internal affairs
investigation and review;
(8) medical, dental, and psychiatric care adequate to
ensure:
(A) minimal delays in delivery of service from
the time sick call requests are made until the service is performed;
(B) access to regional medical facilities;
(C) access to the institutional division
hospital at Galveston or contract facilities performing the same
services;
(D) access to specialty clinics; and
(E) a sufficient number of psychiatric inpatient
beds and sheltered beds for inmates with an intellectual
disability;
(9) a fair disciplinary system that ensures due
process and is adequate to ensure safety and order in the unit;
(10) work, vocational, academic, and on-the-job
training programs that afford all eligible inmates with an
opportunity to learn job skills or work habits that can be applied
on release, appropriately staffed and of sufficient quality;
(11) a sufficient number and quality of
nonprogrammatic and recreational activities for all eligible
inmates who choose to participate;
(12) adequate assistance from persons trained in the
law or a law library with a collection containing necessary
materials and space adequate for inmates to use the law library for
study related to legal matters;
(13) adequate space and staffing to permit contact and
noncontact visitation of all eligible inmates;
(14) adequate maintenance programs to repair and
prevent breakdowns caused by increased use of facilities and
fixtures; and
(15) space and staff sufficient to provide all the
services and facilities required by this section.
(b) The staff of the department [institutional division]
shall request of the Legislative Budget Board an estimate of the
initial cost of implementing the increase in capacity and the
increase in operating costs of the unit for the five years
immediately following the increase in capacity. The Legislative
Budget Board shall provide the staff with the estimates, and the
staff shall attach a copy of the estimates to the recommendations.
(c) The staff of the department [institutional division]
may not take more than 90 days from the date the process is
initiated to make recommendations on an increase in the maximum
capacity for a unit under this section.
SECTION 29. Section 499.104, Government Code, is amended to
read as follows:
Sec. 499.104. OFFICERS' REVIEW AND RECOMMENDATION. The
executive director of the department, the director of the
institutional division, the deputy director for operations, the
deputy director for finance, the deputy director for programs, the
division [deputy] director for health services, and the division
[assistant] director for classification and inmate transportation
[treatment] shall independently review staff recommendations for
an increase in the maximum capacity of a unit and the written
findings accompanying the recommendation. Not later than the 30th
day after the date of accepting the comments of the other officers,
if the executive director agrees that the new maximum capacity for
the unit is supported by the findings, the executive director shall
forward the recommendation and findings to the board.
SECTION 30. Section 499.105, Government Code, is amended to
read as follows:
Sec. 499.105. BOARD REVIEW AND IMPLEMENTATION; NOTICE TO
GOVERNOR [RECOMMENDATION]. The board shall review the
recommendation and findings forwarded to the board under Section
499.104. Not later than the 60th day after the date the board
receives the recommendation and findings, the board shall reject
the recommendation or accept or modify the recommendation. The
board may establish a new maximum capacity based on the accepted or
modified recommendation. The board shall [and] forward the
recommendation or modified recommendation and findings to the
governor. The board may not modify the recommendation by
increasing the maximum capacity specified in the recommendation.
SECTION 31. Section 499.108(b), Government Code, is amended
to read as follows:
(b) Maximum capacity for a unit must be established under
this section in the same manner as maximum capacity for a unit is
increased under Sections 499.102, 499.104, and 499.105[, 499.106,
and 499.107], except that time limits on official actions imposed
by those sections do not apply.
SECTION 32. Section 499.109(b), Government Code, is amended
to read as follows:
(b) The attorney general may authorize the institutional
division to increase the inmate population of the division above
100 percent, but only if:
(1) the staff determines through written findings that
the population may be increased without limiting the ability of the
division to transfer inmates between units as necessary for
classification, medical, and security purposes; and
(2) the administration of the department and[,] the
board[, and the governor] approve of the increase, in the same
manner as increases in capacity of individual units are approved
under Sections 499.104 and[,] 499.105[, and 499.106].
SECTION 33. Subchapter F, Chapter 499, Government Code, is
amended by adding Section 499.1214 to read as follows:
Sec. 499.1214. PEN PACKET SUBMISSION TRAINING. (a) The
department shall develop and provide annual training for county
employees on the submission of documents required before the
department takes custody of a person being transferred from a
county jail to the department, including documents required under
Sections 8(a) and (c), Article 42.09, Code of Criminal Procedure.
(b) The training required under this section may be offered
in person or online. Online training may be offered live or
prerecorded.
SECTION 34. Section 499.156, Government Code, is amended to
read as follows:
Sec. 499.156. VOCATIONAL TRAINING. The department shall
adopt a policy under which a representative of a public or private
entity, including a public or private institution of higher
education, may provide vocational training on a voluntary basis to
inmates [confined in a transfer facility authorized under this
subchapter].
SECTION 35. Section 501.002, Government Code, is amended to
read as follows:
Sec. 501.002. ASSAULT BY EMPLOYEE ON INMATE. If an employee
of the department commits an assault on an inmate housed in a
facility operated by or under contract with the department, the
executive director shall refer the matter to an appropriate law
enforcement [file a complaint with the proper] official [of the
county in which the offense occurred]. If an employee is charged
with an assault described by this section, an inmate or person who
was an inmate at the time of the alleged offense may testify in a
prosecution of the offense.
SECTION 36. Section 501.009, Government Code, is amended to
read as follows:
Sec. 501.009. VOLUNTEER AND FAITH-BASED ORGANIZATIONS[;
REPORT]. (a) The department shall adopt a policy that requires
department staff [each warden] to identify volunteer and
faith-based organizations that provide programs for inmates housed
in facilities operated by the department. The policy must require
the staff [each warden] to actively encourage volunteer and
faith-based organizations to provide the following programs for
inmates in department facilities [the warden's facility]:
(1) literacy and education programs;
(2) life skills programs;
(3) job skills programs;
(4) parent-training programs;
(5) drug and alcohol rehabilitation programs;
(6) support group programs;
(7) arts and crafts programs; and
(8) other programs determined by the department to aid
inmates in the transition between confinement and society and to
reduce incidence of recidivism among inmates.
(b) The policy must require the staff to solicit feedback
from the warden and chaplains of each facility on the facility's
needs regarding volunteer and faith-based organization provided
programs.
(c) The department shall include in the biennial report
required under Section 493.0084(f) [that each warden submit a
report to the board not later than December 31 of each year that
includes, for the preceding fiscal year,] a summary of:
(1) the programs provided to inmates under this
section; and
(2) the actions taken [by the warden] to identify
volunteer and faith-based organizations willing to provide
programs to inmates and to encourage those organizations to provide
programs in the department facilities [warden's facility].
SECTION 37. Section 501.017(b), Government Code, is amended
to read as follows:
(b) The department may not enforce a claim or lien
established under this section if the inmate has a surviving spouse
or a surviving dependent or child with a disability [disabled
child].
SECTION 38. Section 501.054(h), Government Code, is amended
to read as follows:
(h) The department shall report to the legislature not later
than December 1 [January 15] of each even-numbered [odd-numbered]
year concerning the implementation of this section and the
participation of inmates and employees of the department in
education programs established under this section.
SECTION 39. Section 501.055(a), Government Code, is amended
to read as follows:
(a) If an inmate dies while in the custody of the
department, an employee of the facility who is in charge of the
inmate shall immediately notify the nearest justice of the peace
serving in the county in which the inmate died and the office of
inspector general [internal affairs] for the department. The
justice shall personally inspect the body and make an inquiry as to
the cause of death. The justice shall make written copies of
evidence taken during the inquest, and give one copy to the director
and one copy to a district judge serving in the county in which the
inmate died. The judge shall provide the copy to the grand jury
and, if the judge determines the evidence indicates wrongdoing,
instruct the grand jury to thoroughly investigate the cause of
death.
SECTION 40. Sections 501.057(a) and (b), Government Code,
are amended to read as follows:
(a) The department shall establish a system to identify
[mentally ill] inmates with mental illness who are nearing
eligibility for release on parole.
(b) Not later than the 30th day before the initial parole
eligibility date of an inmate identified as having a mental illness
[mentally ill], an institutional division psychiatrist shall
examine the inmate. The psychiatrist shall file a sworn
application for court-ordered temporary mental health services
under Chapter 574, Health and Safety Code, if the psychiatrist
determines that the inmate has a mental illness [is mentally ill]
and as a result of the illness the inmate meets at least one of the
criteria listed in Section 574.034 or 574.0345, Health and Safety
Code.
SECTION 41. The heading to Section 501.069, Government
Code, is amended to read as follows:
Sec. 501.069. OFFENDERS WITH INTELLECTUAL OR DEVELOPMENTAL
DISABILITIES [DEVELOPMENTALLY DISABLED OFFENDER PROGRAM].
SECTION 42. Section 501.092(i), Government Code, is amended
to read as follows:
(i) Not later than December [September] 1 of each
even-numbered year, the department shall deliver a report of the
results of evaluations conducted under Subsection (b)(7) to the
lieutenant governor, the speaker of the house of representatives,
and each standing committee of the senate and house of
representatives having primary jurisdiction over the department.
SECTION 43. Subchapter C, Chapter 501, Government Code, is
amended by adding Section 501.104 to read as follows:
Sec. 501.104. STRATEGIC PLAN FOR REHABILITATION AND REENTRY
PROGRAMS. (a) In this section, "parole-voted program" has the
meaning assigned by Section 508.1521.
(b) The department and the Windham School District shall
jointly develop a strategic plan for the provision of
rehabilitation and reentry programs to inmates. The strategic plan
must include program objectives and timelines intended to:
(1) increase program efficiencies, including
eliminating delays in placing inmates into parole-voted programs;
(2) reduce program redundancies;
(3) incorporate new evidence-based and
evidence-informed program approaches; and
(4) incorporate technology-based solutions.
(b-1) The strategic plan must include clear steps and
timelines to reduce, by September 1, 2027, overall parole-voted
program placement timelines by at least 50 percent compared to the
timelines on August 31, 2023. This subsection expires December 31,
2027.
(c) In developing the strategic plan, the department shall
evaluate therapeutic service contracts and obligations and
renegotiate the contracts and obligations as necessary to meet
current and projected program needs.
(d) The department and the Windham School District shall
jointly update the strategic plan at least once every five years.
(e) Not later than December 1 of each even-numbered year,
the department and the Windham School District shall submit a joint
report on the implementation of the strategic plan to the board, the
Board of Pardons and Paroles, the governor, the lieutenant
governor, the speaker of the house of representatives, and each
standing committee of the legislature with primary jurisdiction
over the department.
(f) In preparing the report under Subsection (e), the
department and the Windham School District shall consider the most
recent report prepared under Section 501.103.
SECTION 44. Section 501.138(c), Government Code, is amended
to read as follows:
(c) If the executive director [managed health care
administrator] has knowledge that a potential ground for removal
exists, the executive director [administrator] shall notify the
presiding officer of the committee of the potential ground. The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
executive director [managed health care administrator] shall
notify the next highest ranking officer of the committee, who shall
then notify the governor and the attorney general that a potential
ground for removal exists.
SECTION 45. Section 501.140, Government Code, is amended by
amending Subsection (b) and adding Subsection (d) to read as
follows:
(b) The training program must provide the person with
information regarding:
(1) the law governing committee [legislation that
created the committee] operations;
(2) the programs, functions, rules, and budget of
[operated by] the committee;
(3) the scope of and limitations on the rulemaking
authority [role and functions] of the committee;
(4) [the rules of the committee with an emphasis on the
rules that relate to disciplinary and investigatory authority;
[(5) the current budget for the committee;
[(6)] the results of the most recent formal audit of
the committee;
(5) [(7)] the requirements of:
(A) laws relating to [the] open meetings, public
information, administrative procedure, and disclosing conflicts of
interest [law, Chapter 551]; and
(B) other laws applicable to members of a state
policy-making body in performing their duties [the public
information law, Chapter 552;
[(C) the administrative procedure law, Chapter
2001; and
[(D) other laws relating to public officials,
including conflict-of-interest laws]; and
(6) [(8)] any applicable ethics policies adopted by
the department [committee] or the Texas Ethics Commission.
(d) The executive director shall create a training manual
that includes the information required by Subsection (b). The
executive director shall distribute a copy of the training manual
annually to each member of the committee. Each member of the
committee shall sign and submit to the executive director a
statement acknowledging that the member received and has reviewed
the training manual.
SECTION 46. The heading to Chapter 507, Government Code, is
amended to read as follows:
CHAPTER 507. STATE JAIL MANAGEMENT [DIVISION]
SECTION 47. Sections 507.001(a) and (b), Government Code,
are amended to read as follows:
(a) The department [state jail division] may operate,
maintain, and manage state jail felony facilities to confine
inmates described by Section 507.002, and the department may
finance and construct those facilities. The department [state jail
division], with the approval of the board, may contract with [the
institutional division,] a private vendor, a community supervision
and corrections department, or the commissioners court of a county
for the construction, operation, maintenance, or management of a
state jail felony facility. The community justice assistance
division shall assist the department [state jail division] to
contract with a community supervision and corrections department
for the construction, operation, maintenance, or management of a
state jail felony facility. [The state jail division shall consult
with the community justice assistance division before contracting
with a community supervision and corrections department under this
section.] A community supervision and corrections department or
the commissioners court of a county that contracts under this
section may subcontract with a private vendor for the provision of
any or all services described by this subsection. A community
supervision and corrections department that contracts under this
section may subcontract with the commissioners court of a county
for the provision of any or all services described by this
subsection. The board may contract with a private vendor or the
commissioners court of a county for the financing or construction
of a state jail felony facility.
(b) The department [community justice assistance division
and the state jail division] shall develop and implement work
programs and programs of rehabilitation, education, and recreation
in state jail felony facilities. For each state jail felony
facility, the community justice assistance division and the
department [state jail division] shall consult with the community
supervision and corrections departments and the community justice
councils served by the facility in developing programs in that
facility, and shall develop the programs in a manner that makes
appropriate use of facilities and personnel of the community
supervision and corrections departments. In developing the
programs, the department [state jail division] and the community
justice assistance division shall attempt to structure programs so
that they are operated on a 90-day cycle, although the department
and the division [divisions] should deviate from a 90-day schedule
as necessary to meet the requirements of a particular program.
SECTION 48. Section 507.002, Government Code, is amended to
read as follows:
Sec. 507.002. ELIGIBLE DEFENDANTS. The department [state
jail division] may confine in a state jail felony facility
authorized by this subchapter defendants required by a judge to
serve a term of confinement in a state jail felony facility
following a grant of deferred adjudication for or conviction of an
offense punishable as a state jail felony.
SECTION 49. Section 507.006(a), Government Code, is amended
to read as follows:
(a) Notwithstanding any other provision of this subchapter,
the department [state jail division], with the approval of the
board, may designate one or more state jail felony facilities to
treat inmates who are eligible for confinement in a substance abuse
felony punishment facility under Section 493.009 or to house
inmates who are sentenced to imprisonment in the institutional
division, but only if the designation does not deny placement in a
state jail felony facility of defendants required to serve terms of
confinement in a facility following conviction of state jail
felonies. The department [division] may not house in a state jail
felony facility an inmate who:
(1) has a history of or has shown a pattern of violent
or assaultive behavior in county jail or a facility operated by the
department; or
(2) will increase the likelihood of harm to the public
if housed in the facility.
SECTION 50. Section 507.022, Government Code, is amended to
read as follows:
Sec. 507.022. EMPLOYEES' SALARIES, ROOM AND BOARD, AND
MEDICAL CARE. (a) Salaries of department employees assigned to a
[of the] state jail felony facility [division] and the provision of
board, lodging, uniforms, and other provisions to employees are as
provided by the General Appropriations Act.
(b) Department employees assigned to a [Employees of the]
state jail felony facility [division] who are injured in the line of
duty are entitled to receive free medical care and hospitalization
from institutional division doctors and the institutional division
hospital.
SECTION 51. Sections 507.023(a) and (b), Government Code,
are amended to read as follows:
(a) The department [state jail division] shall establish
and provide education programs to educate department [state jail
division] employees and defendants in state jail felony facilities
about AIDS and HIV in the same manner as the institutional division
establishes and provides programs for employees and inmates under
Section 501.054.
(b) The department [state jail division] shall adopt a
policy for handling a defendant with AIDS or HIV and shall test a
defendant for AIDS or HIV in the same manner and subject to the same
conditions as apply to the institutional division under Section
501.054.
SECTION 52. Section 507.024, Government Code, is amended to
read as follows:
Sec. 507.024. TRANSPORTATION OF DEFENDANTS. The board
shall adopt rules to provide for the safe transfer of defendants
from counties to state jail felony facilities. A sheriff may
transport defendants to a state jail felony facility if the sheriff
is able to perform the service as economically as if the service
were performed by the department [division]. The department [state
jail division] is responsible for the cost of transportation of
defendants to a state jail felony facility [the division].
Defendants may be transported with other persons being transported
to the custody of the department provided appropriate security
precautions prescribed by policies of the department are taken.
SECTION 53. Section 507.025, Government Code, is amended to
read as follows:
Sec. 507.025. MEDICAL CARE. The department [state jail
division], with the approval of the board, may contract with [the
institutional division,] a private vendor[,] or any public health
care provider for the provision of medical services to defendants
in state jail felony facilities.
SECTION 54. Section 507.029, Government Code, is amended to
read as follows:
Sec. 507.029. USE OF INMATE LABOR. The department may use
the labor of inmates of the institutional division in any work or
community service program or project performed by a [the] state
jail felony facility [division].
SECTION 55. Sections 507.030(a-1) and (b), Government Code,
are amended to read as follows:
(a-1) The department [state jail division] shall allow the
governor, members of the legislature, and officials of the
executive and judicial branches to enter during business hours any
part of a state jail felony facility operated by the department
[division], for the purpose of observing the operations of the
department [division]. A visitor described by this subsection may
talk with defendants away from [division] employees of the state
jail felony facility.
(b) The department [state jail division] shall establish a
visitation policy for persons confined in state jail felony
facilities. The visitation policy must:
(1) allow visitation by a guardian of a defendant
confined in a state jail felony facility to the same extent as the
defendant's next of kin, including placing the guardian on the
defendant's approved visitors list on the guardian's request and
providing the guardian access to the defendant during a facility's
standard visitation hours if the defendant is otherwise eligible to
receive visitors; and
(2) require the guardian to provide the director of
the facility with letters of guardianship before being allowed to
visit the defendant.
SECTION 56. Section 507.031, Government Code, is amended to
read as follows:
Sec. 507.031. FURLOUGH PROGRAM. (a) The director of a
state jail felony facility may grant a furlough to a defendant so
that the defendant may:
(1) obtain a medical diagnosis or medical treatment;
(2) obtain treatment and supervision at a facility
operated by the Health and Human Services Commission;
(3) attend a funeral or visit a critically ill
relative; or
(4) participate in a programmatic activity sanctioned
by the department [state jail division].
(b) The department [state jail division] shall adopt
policies for the administration of the furlough program.
(c) A defendant furloughed under this section is considered
to be in the custody of the department [state jail division], even
if the defendant is not under physical guard while furloughed.
SECTION 57. Section 507.033, Government Code, is amended to
read as follows:
Sec. 507.033. REHABILITATION PROGRAMS. (a) The department
[state jail division] may allow a state jail defendant who is
capable of serving as a tutor to tutor functionally illiterate
defendants and shall actively encourage volunteer organizations to
aid in the tutoring of defendants. A person who acts as a tutor may
function only as a teacher and advisor to a defendant and may not
exercise supervisory authority or control over the defendant.
(b) The department [state jail division] shall actively
encourage volunteer organizations to provide the following
programs for defendants who are housed in state jail felony
facilities operated by or under contract with the department
[division]:
(1) literacy and education programs;
(2) life skills programs;
(3) job skills programs;
(4) parent-training programs;
(5) drug and alcohol rehabilitation programs;
(6) support group programs;
(7) arts and crafts programs; and
(8) other programs determined by the department
[division] to aid defendants confined in state jail felony
facilities in the transition from confinement or supervision back
into society and to reduce incidents of recidivism among
defendants.
SECTION 58. Section 508.036, Government Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) A report under Subsection (a)(5) must include:
(1) the following information with respect to the
release of inmates on medically recommended intensive supervision
under Section 508.146 for the preceding 10-year period:
(A) the number of inmates released on medically
recommended intensive supervision;
(B) an explanation of any trends;
(C) release revocation rates;
(D) types of modifications of conditions of
release or graduated sanctions imposed; and
(E) the approval rate of inmates reviewed by a
parole panel described by Section 508.146(e) for release on
medically recommended intensive supervision;
(2) an evaluation of the consistency with which
graduated sanctions are imposed for releasees or release on parole
or mandatory supervision is revoked;
(3) an evaluation of the consistency with which
special conditions are imposed under Subchapter I; and
(4) the rates of consensus between voting outcomes and
hearing officer recommendations and between voting outcomes and
other recommendations made by an employee authorized to make
recommendations for special conditions and graduated sanctions.
SECTION 59. Section 508.0362, Government Code, is amended
by amending Subsections (a) and (b) and adding Subsection (d) to
read as follows:
(a) [(1)] A person who is appointed to and qualifies for
office as a member of the board may not vote, deliberate, or be
counted as a member in attendance at a meeting of the board until
the person completes [at least one course of] a training program
that complies with this section.
[(2)] A parole commissioner employed by the board may
not vote or deliberate on a matter described by Section 508.0441
until the person completes [at least one course of] a training
program that complies with this section.
(b) The [A] training program must provide the person with
information [to the person] regarding:
(1) the law governing board operations [enabling
legislation that created the board];
(2) the programs, functions, rules, and budget of
[operated by] the board;
(3) the scope of and limitations on the rulemaking
authority [role and functions] of the board [and parole
commissioners];
(4) [the rules of the board;
[(5) the current budget for the board;
[(6)] the results of the most recent formal audit of
the board;
(5) [(7)] the requirements of [the]:
(A) laws relating to open meetings, public
information, administrative procedure, and disclosing conflicts of
interest [law, Chapter 551]; and
(B) other laws applicable to members of a state
policy-making body in performing their duties [open records law,
Chapter 552; and
[(C) administrative procedure law, Chapter 2001;
[(8) the requirements of the conflict of interest laws
and other laws relating to public officials]; and
(6) [(9)] any applicable ethics policies adopted by
the board or the Texas Ethics Commission.
(d) The board administrator shall create a training manual
that includes the information required by Subsection (b). The
board administrator shall distribute a copy of the training manual
annually to each board member and parole commissioner. Each board
member and parole commissioner shall sign and submit to the board
administrator a statement acknowledging that the person received
and has reviewed the training manual.
SECTION 60. Subchapter B, Chapter 508, Government Code, is
amended by adding Sections 508.0421 and 508.0455 to read as
follows:
Sec. 508.0421. TRAINING PROGRAM ON MEDICALLY RECOMMENDED
INTENSIVE SUPERVISION. (a) The board shall develop and provide a
comprehensive training program on the release of inmates on
medically recommended intensive supervision under Section 508.146
for board members and parole commissioners serving on a parole
panel under that section. The program must include:
(1) background information on medically recommended
intensive supervision; and
(2) training and education regarding:
(A) statutory requirements and board rules for
the consideration and release of inmates on medically recommended
intensive supervision;
(B) the supervision of persons released on
medically recommended intensive supervision, including information
on:
(i) the imposition of graduated sanctions
on a releasee for a violation of a condition of release; and
(ii) the imposition and modification of
special conditions on a releasee; and
(C) the medical conditions affecting inmates who
are eligible for medically recommended intensive supervision,
including treatments for those conditions.
(b) In developing the training program, the board shall:
(1) use available data on medically recommended
intensive supervision; and
(2) consult with the division and a practicing
physician and psychiatrist as needed.
(c) The board shall develop a condensed version of the
training program that includes only the training and education
described by Subsection (a)(2).
(d) A member of a parole panel described by Section
508.146(e) may not participate in a vote of the panel related to the
release of an inmate on medically recommended intensive supervision
until the member completes the training program described by
Subsection (a). Each member must complete the version of the
training program described by Subsection (c) biennially after
completing the initial training to remain eligible to participate
in a vote of the panel related to the release of an inmate on
medically recommended intensive supervision. The board shall
inform each member of any subsequent changes to the training
developed under Subsection (a) that are made after the member
completes the training required by this subsection.
Sec. 508.0455. PAROLE PANEL DATA. (a) The board shall
coordinate with the department to collect and analyze data on the
release of inmates on parole, mandatory supervision, or medically
recommended intensive supervision and the use of special conditions
and graduated sanctions to evaluate outcomes and trends.
(b) Using the data collected under Subsection (a), the board
shall determine a method for evaluating the consistency of
revocation decisions across all three-voter parole panels.
(c) The board shall use its findings from the data collected
under this section and the information described by Sections
508.036(a-1) and 508.1445(b) in developing the training required
under Sections 508.041 and 508.042.
SECTION 61. Section 508.054(c), Government Code, is amended
to read as follows:
(c) The board shall periodically notify the complaint
parties of the status of the complaint until final disposition
unless the notice would jeopardize an ongoing investigation.
SECTION 62. Section 508.113, Government Code, is amended by
adding Subsection (e) to read as follows:
(e) The division may establish a waiver procedure for when
the director is unable to appoint persons meeting the requirements
established under Subsection (c).
SECTION 63. Section 508.1131, Government Code, is amended
by amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) The Texas Board of Criminal Justice by rule [executive
director] shall adopt a salary career ladder for parole officers.
In adopting the salary career ladder, the Texas Board of Criminal
Justice shall, in consultation with relevant stakeholders, review
the current salary structure and align the salary career ladder
with the future needs of the department.
(a-1) The Texas Board of Criminal Justice may revise the
[The] salary career ladder as needed [must base a parole officer's
salary on the officer's classification and years of service with
the department].
SECTION 64. Section 508.1142, Government Code, is amended
to read as follows:
Sec. 508.1142. PAROLE OFFICER MAXIMUM CASELOADS. (a) The
Texas Board of Criminal Justice by rule [department] shall
establish [adopt a policy that establishes] guidelines for a
maximum caseload for a [each] parole officer [of:
[(1) 60 active releasees, if the releasees are not in a
specialized program described by Subdivisions (2)-(6);
[(2) 35 active releasees, if the releasees are in the
special needs offender program;
[(3) 35 active releasees, if the releasees are in the
therapeutic community substance abuse aftercare treatment program;
[(4) 24 active releasees, if the releasees are in the
sex offender program;
[(5) 20 active releasees, if the releasees are
electronically monitored; and
[(6) 11 active releasees, if the releasees are in the
super-intensive supervision program].
(b) The Texas Board of Criminal Justice:
(1) shall periodically review the guidelines
established under Subsection (a) to ensure that the guidelines are
achievable and informed by research-supported supervision
practices; and
(2) may revise the guidelines as needed.
(c) The department shall conduct a job task analysis and
workload study with respect to parole officers before the Texas
Board of Criminal Justice adopts or amends the guidelines under
this section [If the department is unable to meet the maximum
caseload guidelines, the department shall submit a report to the
Legislative Budget Board, at the end of each fiscal year in which
the department fails to meet the guidelines, stating the amount of
money needed by the department to meet the guidelines].
SECTION 65. Subchapter D, Chapter 508, Government Code, is
amended by adding Sections 508.1143 and 508.120 to read as follows:
Sec. 508.1143. REPORT ON PAROLE SUPERVISION APPROACHES AND
MAXIMUM CASELOADS. (a) Not later than September 1, 2026, the
department, in consultation with relevant stakeholders, shall:
(1) review current parole supervision practices and
caseload approaches; and
(2) submit a report on proposed parole supervision
practices and caseload approaches, including proposed maximum
caseloads for parole officers, to the Texas Board of Criminal
Justice, the board, the governor, the lieutenant governor, the
speaker of the house of representatives, and each standing
committee of the legislature with primary jurisdiction over the
department.
(b) The report must include:
(1) an evaluation of the current caseload identified
as not being actively worked on by a parole officer, considering the
assessed parole officer staffing needs; and
(2) the results of any department pilot project
assessing changes to parole officer supervision practices and
caseload approaches.
(c) A pilot project assessing supervision practices and
caseload approach changes described by Subsection (b)(2) may not be
implemented statewide before submission of the report required by
Subsection (a)(2).
(d) This section expires September 1, 2027.
Sec. 508.120. PROHIBITION ON CERTAIN DIVISION ACTIONS
INVOLVING SPECIAL CONDITIONS. The division may not:
(1) make recommendations regarding the imposition of a
special condition before an inmate is released on parole or to
mandatory supervision; or
(2) review the voting decisions of a parole panel with
respect to the imposition of a special condition.
SECTION 66. Section 508.1445(b), Government Code, is
amended to read as follows:
(b) The report must include:
(1) a brief explanation of the parole guidelines,
including how the board:
(A) defines the risk factors and offense severity
levels; and
(B) determines the range of recommended parole
approval rates for each guideline score;
(2) a comparison of the range of recommended parole
approval rates under the parole guidelines to the actual approval
rates for individual parole panel members, each regional
three-voter parole panel [offices], and the state as a whole; [and]
(3) a description of instances in which the actual
parole approval rates, including rates for each regional
three-voter parole panel, do not meet the range of recommended
parole approval rates under the parole guidelines, an explanation
of the variations, and a list of actions that the board has taken or
will take to meet the guidelines; and
(4) information regarding the rates at which each
regional three-voter parole panel imposes each special condition
when approving release on parole and an explanation for any
significant variations among the panels.
SECTION 67. Section 508.146, Government Code, is amended by
amending Subsections (a), (b), (d), (e), and (f) and adding
Subsections (a-1), (g), (h), (i), and (j) to read as follows:
(a) Subject to Subsection (b), an [An] inmate, other than an
inmate who is serving a sentence of death or life without parole or
an inmate who is not a citizen of the United States, as defined by
federal law, may be released on medically recommended intensive
supervision on a date designated by a parole panel described by
Subsection (e)[, except that an inmate with an instant offense that
is an offense described in Article 42A.054, Code of Criminal
Procedure, or an inmate who has a reportable conviction or
adjudication under Chapter 62, Code of Criminal Procedure, may only
be considered if a medical condition of terminal illness or
long-term care has been diagnosed by a physician,] if:
(1) the Texas Correctional Office on Offenders with
Medical or Mental Impairments, in cooperation with the Correctional
Managed Health Care Committee, identifies the inmate as [being]:
(A) being [a person who is] elderly, regardless
of whether the inmate has a condition described in Paragraphs
(B)-(H);
(B) being [or] terminally ill;
(C) having[,] a [person with] mental illness;
(D) having[,] an intellectual disability[,] or a
physical disability;
(E) having[, or a person who has] a condition
requiring long-term care[, if the inmate is an inmate with an
instant offense that is described in Article 42A.054, Code of
Criminal Procedure]; [or]
(F) being [(B)] in a persistent vegetative state;
[or]
(G) having [being a person with] an organic brain
syndrome with significant to total mobility impairment; or
(H) having another eligible medical condition as
prescribed by board rule[, if the inmate is an inmate who has a
reportable conviction or adjudication under Chapter 62, Code of
Criminal Procedure];
(2) the parole panel determines that, based on the
inmate's condition and a medical evaluation, the inmate does not
constitute a threat to public safety; and
(3) the inmate's medically recommended intensive
supervision plan under Subsection (a-1) is approved by the Texas
Correctional Office on Offenders with Medical or Mental
Impairments.
(a-1) The [the] Texas Correctional Office on Offenders with
Medical or Mental Impairments, in cooperation with the [pardons and
paroles] division, shall prepare [has prepared] for an [the] inmate
who is eligible for release under Subsection (a) a medically
recommended intensive supervision plan that requires the inmate to
submit to electronic monitoring, places the inmate on
super-intensive supervision, or otherwise ensures appropriate
supervision of the inmate.
(b) In addition to the requirements of Subsection (a), the
following inmates may be released on medically recommended
intensive supervision under that subsection only if the inmates are
identified under Subsection (a)(1) as:
(1) having a condition described by Subsection
(a)(1)(B) or (E), if the inmate has an instant offense that is
described in Article 42A.054, Code of Criminal Procedure; or
(2) being in or having a condition described by
Subsection (a)(1)(F) or (G), if the inmate has a reportable
conviction or adjudication under Chapter 62, Code of Criminal
Procedure [An inmate may be released on medically recommended
intensive supervision only if the inmate's medically recommended
intensive supervision plan under Subsection (a)(3) is approved by
the Texas Correctional Office on Offenders with Medical or Mental
Impairments].
(d) The Texas Correctional Office on Offenders with Medical
or Mental Impairments may [and the Texas Department of Human
Services shall jointly] request proposals from public or private
vendors to provide under contract services for inmates released on
medically recommended intensive supervision. A request for
proposals under this subsection may require that the services be
provided in a medical care facility located in an urban area. For
the purposes of this subsection, "urban area" means the area in this
state within a metropolitan statistical area, according to the
standards of the United States Bureau of the Census.
(e) Parole [Only parole] panels composed of board members
and parole commissioners [the presiding officer of the board and
two members] appointed to the panel by the presiding officer may
make determinations regarding the release of inmates on medically
recommended intensive supervision under Subsection (a) or of
inmates released pending deportation under Subsection (f). If the
Texas Correctional Office [Council] on Offenders with Medical or
Mental Impairments identifies an inmate as a candidate for release
under the guidelines established by Subsection (a)(1), (b), or
(f)(1), as applicable, the office [council] shall present to a
parole panel described by this subsection relevant information
concerning the inmate and the inmate's potential for release under
this section.
(f) An inmate who is not a citizen of the United States, as
defined by federal law, who is not under a sentence of death or life
without parole, and who does not have a reportable conviction or
adjudication under Chapter 62, Code of Criminal Procedure, or an
instant offense described in Article 42A.054, Code of Criminal
Procedure, may be released to immigration authorities pending
deportation on a date designated by a parole panel described by
Subsection (e) if:
(1) the Texas Correctional Office on Offenders with
Medical or Mental Impairments, in cooperation with the Correctional
Managed Health Care Committee, identifies the inmate as being in or
having a condition described by Subsection (a)(1); and
(2) the parole panel determines that on release the
inmate would be deported to another country and that the inmate does
not constitute a threat to public safety in the other country or
this country and is unlikely to reenter this country illegally.
(g) The board shall adopt rules to administer this section.
The rules must:
(1) specify the procedures for evaluating the
prognosis of inmates who are eligible for medically recommended
intensive supervision under Subsection (a) because of a qualifying
medical condition;
(2) specify the factors, other than an inmate's
condition, that are relevant or statutorily required to release an
inmate on medically recommended intensive supervision; and
(3) define what constitutes a threat to public safety
for purposes of Subsections (a)(2) and (f) and specify the factors
that a parole panel described by Subsection (e) must consider when
determining whether an inmate constitutes a threat to public
safety.
(h) The procedures described by Subsection (g)(1) must:
(1) require a review of the inmate's condition by at
least one health care practitioner; and
(2) require each health care practitioner who reviews
an inmate's condition as described by Subdivision (1) to provide
the parole panel described by Subsection (e), before the panel
makes a final determination under this section, a written report on
the inmate's condition that:
(A) is in plain language that is understandable
by a nonmedical professional;
(B) specifically describes how the inmate's
condition and treatment for the condition will affect the inmate's
cognitive and physical abilities and limitations; and
(C) contains other information as required by the
board.
(i) The board may consult with other relevant entities for
purposes of establishing information required in the report under
Subsection (h)(2)(C) including:
(1) the Correctional Managed Health Care Committee;
(2) the division;
(3) the Texas Correctional Office on Offenders with
Medical or Mental Impairments;
(4) the Texas Tech University Health Sciences Center;
and
(5) The University of Texas Medical Branch at
Galveston.
(j) Information regarding the identity of a health care
practitioner providing a report described by Subsection (h)(2),
other than information relating to the practitioner's
specialization, is excepted from required disclosure under Chapter
552. The board may release the information or redact or otherwise
withhold the information from disclosure under Chapter 552.
SECTION 68. Section 508.152, Government Code, is amended by
adding Subsection (b-3) to read as follows:
(b-3) For purposes of Subsection (b-1)(1), an inmate's
individual treatment plan must include a comprehensive list, in
plain language, of the inmate's program participation that:
(1) includes:
(A) state-funded programs;
(B) intensive volunteer programs; and
(C) program enrollment and completion dates; and
(2) distinguishes between required evidence-based
programs and correctional elective programs and activities that are
non-evidence based or non-evidence informed.
SECTION 69. Subchapter E, Chapter 508, Government Code, is
amended by adding Sections 508.1521 and 508.158 to read as follows:
Sec. 508.1521. REQUIRED INDIVIDUAL TREATMENT PLAN PROGRAMS
AND PAROLE-VOTED PROGRAMS. (a) In this section:
(1) "Parole-voted program" means a program or class
that the board intends to require an inmate to complete before
releasing the inmate on parole or to mandatory supervision.
(2) "Required individual treatment plan program"
means a program or class that is required to be included in an
inmate's individual treatment plan under Section 508.152 other than
a parole-voted program.
(b) The department, the board, and the Windham School
District shall:
(1) develop evidence-based program criteria specific
to required individual treatment plan programs and parole-voted
programs to be used in evaluating and assessing those programs;
(2) develop and maintain a required individual
treatment plan programs list and a parole-voted programs list,
provided that a non-evidence-based or non-evidence-informed
program may not be included on either list;
(3) develop procedures for:
(A) evaluating programs to be added to the
required individual treatment plan programs list or the
parole-voted programs list;
(B) assessing current required individual
treatment plan programs and parole-voted programs; and
(C) removing programs that do not meet the
criteria developed under Subdivision (1) from the lists of required
individual treatment plan programs and parole-voted programs; and
(4) coordinate on required individual treatment plan
and parole-voted programming options through regular meetings.
(c) In developing and maintaining the required individual
treatment plan programs list, the department and the Windham School
District have joint authority to decide which programs are included
on the required individual treatment plan list.
(d) In developing and maintaining the parole-voted programs
list, the department and the Windham School District shall present
programming options and program evaluation results to the board,
provided that the board has the sole authority to decide which
programs are included on the parole-voted programs list.
(e) The department shall:
(1) collect and analyze parole-voted program data on a
rolling basis, including:
(A) the number of inmates waiting for placement
into a program;
(B) the waitlist times for placement into a
program;
(C) the reasons for program placement delays,
other than delays due to a program start date specified by the
board;
(D) vote revision requests related to program
ineligibility, placement delays, and other factors that may affect
parole release timelines; and
(E) the number of inmates unable to complete
parole-voted programs before the earliest date on which the inmates
would have been eligible to be released following program
completion;
(2) use the data described by Subdivision (1) to:
(A) calculate parole-voted program waitlist
times;
(B) track and reduce parole-voted program
enrollment timelines; and
(C) work to eliminate parole-voted program
placement delays; and
(3) include the data and analysis described by
Subdivision (1) in the strategic plan required under Section
501.104.
(f) The department shall prioritize the placement of
inmates into parole-voted programs, ensure parole-voted program
capacity meets programming needs, and expand parole-voted program
access in accordance with the strategic plan required under Section
501.104.
Sec. 508.158. SPECIAL CONDITIONS WORK GROUP. (a) The board
and department shall jointly establish a work group consisting of
board members and parole commissioners who actively serve on a
parole panel and staff representatives from the division to assess
the impact and effectiveness of special conditions.
(b) The work group shall:
(1) discuss the efficacy of special conditions;
(2) assess the continuing need for the use of specific
special conditions; and
(3) identify potential modifications to special
conditions for the board to consider adopting.
(c) In discussing the efficacy of special conditions under
Subsection (b), the work group shall solicit input from parole
officers and other relevant parties.
(d) The work group shall meet annually.
SECTION 70. Subchapter F, Chapter 508, Government Code, is
amended by adding Section 508.1831 to read as follows:
Sec. 508.1831. POSTSECONDARY EDUCATION REIMBURSEMENT. (a)
A parole panel shall require as a condition of parole or mandatory
supervision that a releasee who had the cost of tuition and fees
paid through a postsecondary education reimbursement program for
enrollment in courses during the releasee's confinement in the
department reimburse the department for those costs.
(b) The department may not charge interest for repayment of
costs under this section.
(c) In a parole or mandatory supervision revocation hearing
under Section 508.281 at which it is alleged only that the releasee
failed to make a payment under this section, it is an affirmative
defense to revocation that the releasee is unable to pay the amount
required by the department. The releasee must prove the
affirmative defense by a preponderance of the evidence.
SECTION 71. Section 511.017, Government Code, is amended to
read as follows:
Sec. 511.017. DUTIES RELATED TO STATE JAIL FELONY
FACILITIES. (a) In this section, "state[:
[(1) "State jail division" means the state jail
division of the Texas Department of Criminal Justice.
[(2) "State] jail felony facility" means a state jail
felony facility authorized by Subchapter A, Chapter 507.
(b) The commission shall provide the Texas Department of
Criminal Justice [state jail division] with consultation and
technical assistance relating to the operation and construction of
state jail felony facilities.
SECTION 72. Section 659.015(k), Government Code, is amended
to read as follows:
(k) Compensatory time off to which an employee of the Texas
Department of Criminal Justice is entitled under Subsection (f):
(1) must be taken during the 24-month period following
the end of the workweek in which the compensatory time was accrued;
and
(2) if not taken during the period described by
Subdivision (1), shall be credited to the employee's accumulated
vacation leave for purposes of Chapter 661 [or it lapses].
SECTION 73. Section 661.152(b), Government Code, is amended
to read as follows:
(b) The amount of vacation accrues in accordance with this
subchapter and Section 659.015(k) and may be taken in accordance
with this subchapter.
SECTION 74. Sections 614.002(a) and (e), Health and Safety
Code, are amended to read as follows:
(a) The Advisory Committee to the Texas Board of Criminal
Justice on Offenders with Medical or Mental Impairments is composed
of 27 [28] members.
(e) The executive head of each of the following agencies,
divisions of agencies, or associations, or that person's designated
representative, shall serve as a member of the committee:
(1) the correctional institutions division of the
Texas Department of Criminal Justice;
(2) the Department of State Health Services;
(3) the parole division of the Texas Department of
Criminal Justice;
(4) the community justice assistance division of the
Texas Department of Criminal Justice;
(5) the Texas Juvenile Justice Department;
(6) the Texas Workforce Commission [Department of
Assistive and Rehabilitative Services];
(7) the Correctional Managed Health Care Committee;
(8) Mental Health America of Texas;
(9) the Board of Pardons and Paroles;
(10) the Texas Commission on Law Enforcement;
(11) the Texas Council of Community Centers;
(12) the Commission on Jail Standards;
(13) the Texas Council for Developmental
Disabilities;
(14) the Arc of Texas;
(15) the National Alliance on Mental Illness of Texas;
(16) the Texas Veterans Commission [Parent
Association for the Retarded of Texas, Inc.]; and
(17) the Health and Human Services Commission[; and
[(18) the Department of Aging and Disability
Services].
SECTION 75. Section 614.009, Health and Safety Code, is
amended to read as follows:
Sec. 614.009. BIENNIAL REPORT. Not later than December
[February] 1 of each even-numbered [odd-numbered] year, the office
shall present to the board and file with the governor, lieutenant
governor, and speaker of the house of representatives a report
giving the details of the office's activities during the preceding
biennium. The report must include:
(1) an evaluation of any demonstration project
undertaken by the office;
(2) an evaluation of the progress made by the office
toward developing a plan for meeting the treatment, rehabilitative,
and educational needs of offenders with special needs;
(3) information on the provision of services under
Section 614.021 to wrongfully imprisoned persons;
(4) recommendations of the office made in accordance
with Section 614.007(5);
(5) [(4)] an evaluation of the development and
implementation of the continuity of care and service programs
established under Sections 614.013, 614.014, 614.015, 614.016, and
614.018, changes in rules, policies, or procedures relating to the
programs, future plans for the programs, and any recommendations
for legislation; and
(6) [(5)] any other recommendations that the office
considers appropriate.
SECTION 76. Section 614.013(b), Health and Safety Code, is
amended to read as follows:
(b) The memorandum of understanding must establish methods
for:
(1) identifying offenders with mental impairments in
the criminal justice system and collecting and reporting prevalence
rate data to the office;
(2) developing interagency rules, policies,
procedures, and standards for the coordination of care of and the
exchange of information on offenders with mental impairments by
local and state criminal justice agencies, the Department of State
Health Services and the Health and Human Services Commission
[Department of Aging and Disability Services], local mental health
or intellectual and developmental disability authorities, the
Commission on Jail Standards, and local jails;
(3) identifying the services needed by offenders with
mental impairments to reenter the community successfully; and
(4) establishing a process to report implementation
activities to the office.
SECTION 77. Section 614.014, Health and Safety Code, is
amended to read as follows:
Sec. 614.014. CONTINUITY OF CARE FOR ELDERLY OFFENDERS.
(a) The Texas Department of Criminal Justice, the Texas Workforce
Commission, and the executive commissioner by rule shall adopt a
memorandum of understanding that establishes the respective
responsibilities of the Texas Department of Criminal Justice, the
Department of State Health Services, the Health and Human Services
Commission [Department of Aging and Disability Services], and the
Texas Workforce Commission [Department of Assistive and
Rehabilitative Services] to institute a continuity of care and
service program for elderly offenders in the criminal justice
system. The office shall coordinate and monitor the development
and implementation of the memorandum of understanding.
(b) The memorandum of understanding must establish methods
for:
(1) identifying elderly offenders in the criminal
justice system;
(2) developing interagency rules, policies, and
procedures for the coordination of care of and the exchange of
information on elderly offenders by local and state criminal
justice agencies, the Department of State Health Services, the
Health and Human Services Commission [Department of Aging and
Disability Services], and the Texas Workforce Commission
[Department of Assistive and Rehabilitative Services]; and
(3) identifying the services needed by elderly
offenders to reenter the community successfully.
(c) The Texas Department of Criminal Justice, the
Department of State Health Services, the Health and Human Services
Commission [Department of Aging and Disability Services], and the
Texas Workforce Commission [Department of Assistive and
Rehabilitative Services] shall:
(1) operate the continuity of care and service program
for elderly offenders in the criminal justice system with funds
appropriated for that purpose; and
(2) actively seek federal grants or funds to operate
and expand the program.
SECTION 78. Section 614.015, Health and Safety Code, is
amended to read as follows:
Sec. 614.015. CONTINUITY OF CARE FOR OFFENDERS WITH
PHYSICAL DISABILITIES, TERMINAL ILLNESSES, OR SIGNIFICANT
ILLNESSES. (a) The Texas Department of Criminal Justice, the Texas
Workforce Commission, and the executive commissioner by rule shall
adopt a memorandum of understanding that establishes the respective
responsibilities of the Texas Department of Criminal Justice, the
Texas Workforce Commission [Department of Assistive and
Rehabilitative Services], the Department of State Health Services,
and the Health and Human Services Commission [Department of Aging
and Disability Services] to institute a continuity of care and
service program for offenders in the criminal justice system who
are persons with physical disabilities, terminal illnesses, or
significant illnesses. The council shall coordinate and monitor
the development and implementation of the memorandum of
understanding.
(b) The memorandum of understanding must establish methods
for:
(1) identifying offenders in the criminal justice
system who are persons with physical disabilities, terminal
illnesses, or significant illnesses;
(2) developing interagency rules, policies, and
procedures for the coordination of care of and the exchange of
information on offenders who are persons with physical
disabilities, terminal illnesses, or significant illnesses by
local and state criminal justice agencies, the Texas Department of
Criminal Justice, the Texas Workforce Commission [Department of
Assistive and Rehabilitative Services], the Department of State
Health Services, and the Health and Human Services Commission
[Department of Aging and Disability Services]; and
(3) identifying the services needed by offenders who
are persons with physical disabilities, terminal illnesses, or
significant illnesses to reenter the community successfully.
(c) The Texas Department of Criminal Justice, the Texas
Workforce Commission [Department of Assistive and Rehabilitative
Services], the Department of State Health Services, and the Health
and Human Services Commission [Department of Aging and Disability
Services] shall:
(1) operate, with funds appropriated for that purpose,
the continuity of care and service program for offenders in the
criminal justice system who are persons with physical disabilities,
terminal illnesses, or significant illnesses; and
(2) actively seek federal grants or funds to operate
and expand the program.
SECTION 79. Section 614.017(c)(1), Health and Safety Code,
is amended to read as follows:
(1) "Agency" includes any of the following entities
and individuals, a person with an agency relationship with one of
the following entities or individuals, and a person who contracts
with one or more of the following entities or individuals:
(A) the Texas Department of Criminal Justice and
the Correctional Managed Health Care Committee;
(B) the Board of Pardons and Paroles;
(C) the Department of State Health Services;
(D) the Texas Juvenile Justice Department;
(E) the Texas Workforce Commission [Department
of Assistive and Rehabilitative Services];
(F) the Texas Education Agency;
(G) the Commission on Jail Standards;
(H) [the Department of Aging and Disability
Services;]
[(I)] the Texas School for the Blind and Visually
Impaired;
(I) [(J)] community supervision and corrections
departments and local juvenile probation departments;
(J) [(K)] personal bond pretrial release offices
established under Article 17.42, Code of Criminal Procedure;
(K) [(L)] local jails regulated by the
Commission on Jail Standards;
(L) [(M)] a municipal or county health
department;
(M) [(N)] a hospital district;
(N) [(O)] a judge of this state with jurisdiction
over juvenile or criminal cases;
(O) [(P)] an attorney who is appointed or
retained to represent a special needs offender or a juvenile with a
mental impairment;
(P) [(Q)] the Health and Human Services
Commission;
(Q) [(R)] the Department of Information
Resources;
(R) [(S)] the bureau of identification and
records of the Department of Public Safety, for the sole purpose of
providing real-time, contemporaneous identification of individuals
in the Department of State Health Services client data base; and
(S) [(T)] the Department of Family and
Protective Services.
SECTION 80. Sections 614.018(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) The Texas Juvenile Justice Department, the Department
of Public Safety, the Department of State Health Services, the
Health and Human Services Commission [Department of Aging and
Disability Services], the Department of Family and Protective
Services, the Texas Education Agency, and local juvenile probation
departments shall adopt a memorandum of understanding that
establishes their respective responsibilities to institute a
continuity of care and service program for juveniles with mental
impairments in the juvenile justice system. The Texas Correctional
Office on Offenders with Medical and Mental Impairments shall
coordinate and monitor the development and implementation of the
memorandum of understanding.
(b) The memorandum of understanding must establish methods
for:
(1) identifying juveniles with mental impairments in
the juvenile justice system and collecting and reporting relevant
data to the office;
(2) developing interagency rules, policies, and
procedures for the coordination of care of and the exchange of
information on juveniles with mental impairments who are committed
to or treated, served, or supervised by the Texas Juvenile Justice
Department, the Department of Public Safety, the Department of
State Health Services, the Department of Family and Protective
Services, the Health and Human Services Commission [Department of
Aging and Disability Services], the Texas Education Agency, local
juvenile probation departments, local mental health or
intellectual and developmental disability authorities, and
independent school districts; and
(3) identifying the services needed by juveniles with
mental impairments in the juvenile justice system.
SECTION 81. Section 841.005, Health and Safety Code, is
amended to read as follows:
Sec. 841.005. TEXAS BOARD OF CRIMINAL JUSTICE [OFFICE OF
STATE COUNSEL FOR OFFENDERS]. (a) In this section, "board" means
the Texas Board of Criminal Justice.
(b) Except as provided by Subsection (d) [(b)], the board
[Office of State Counsel for Offenders] shall provide
representation for [represent] an indigent person subject to a
civil commitment proceeding under this chapter.
(c) In providing representation for indigent persons
described by Subsection (b):
(1) the board may employ attorneys, support staff, and
any other personnel required to provide the representation;
(2) personnel employed under Subdivision (1) are
directly responsible to the board in the performance of their
duties; and
(3) the board shall pay all fees and costs associated
with providing the representation.
(d) [(b)] If for any reason the board [Office of State
Counsel for Offenders] is unable to provide representation for
[represent] an indigent person described by Subsection (b) [(a)] at
a civil commitment proceeding under this chapter, the court shall
appoint other counsel to represent the indigent person.
SECTION 82. Section 306.007(b), Labor Code, is amended to
read as follows:
(b) The commission shall adopt a memorandum of
understanding with each of the following agencies that establishes
the respective responsibilities of the commission and the agencies
in providing information described by Subsection (a) to persons
formerly sentenced to the custody [institutional division or the
state jail division] of the Texas Department of Criminal Justice,
to employers or potential employers of those persons, and to local
workforce development boards:
(1) the Department of State Health Services;
(2) the Texas Department of Housing and Community
Affairs;
(3) the Texas Veterans Commission; and
(4) the Health and Human Services Commission.
SECTION 83. The following provisions are repealed:
(1) Article 66.352(b), Code of Criminal Procedure;
(2) Section 491.001(a)(8), Government Code;
(3) Section 493.0051, Government Code;
(4) Section 494.011, Government Code;
(5) Section 497.111, Government Code;
(6) Section 499.106, Government Code;
(7) Section 499.107, Government Code;
(8) Section 501.062(c), Government Code;
(9) Section 507.003, Government Code;
(10) Section 507.004, Government Code;
(11) Sections 508.1131(b) and (c), Government Code;
and
(12) Section 614.021(c), Health and Safety Code.
SECTION 84. The change in law made by this Act to Section
492.002, Government Code, does not affect the entitlement of a
member serving on the Texas Board of Criminal Justice before the
effective date of this Act to continue to serve for the remainder of
the member's term. As the terms of members expire, the governor
shall appoint or reappoint members who have the qualifications
required by Section 492.002(a), Government Code, as amended by this
Act.
SECTION 85. (a) Sections 492.0031, 501.140, and 508.0362,
Government Code, as amended by this Act, apply to a member of the
Texas Board of Criminal Justice, the Correctional Managed Health
Care Committee, or the Board of Pardons and Paroles, as applicable,
appointed before, on, or after the effective date of this Act.
(b) A member of the Texas Board of Criminal Justice, the
Correctional Managed Health Care Committee, or the Board of Pardons
and Paroles who, before the effective date of this Act, completed
the training program required by Section 492.0031, 501.140, or
508.0362, Government Code, as that law existed before the effective
date of this Act, is only required to complete additional training
on the subjects added by this Act to the training program required
by Section 492.0031, 501.140, or 508.0362, Government Code, as
applicable. A member described by this subsection may not vote,
deliberate, or be counted as a member in attendance at a meeting of
the applicable board or committee held on or after December 1, 2025,
until the member completes the additional training.
SECTION 86. (a) Section 508.0362, Government Code, as
amended by this Act, applies to a parole commissioner employed by
the Board of Pardons and Paroles before, on, or after the effective
date of this Act.
(b) A parole commissioner who, before the effective date of
this Act, completed the training program required by Section
508.0362, Government Code, as that law existed before the effective
date of this Act, is only required to complete additional training
on the subjects added by this Act to the training program required
by that section. A parole commissioner described by this
subsection may not vote or deliberate on a matter described by
Section 508.0441, Government Code, occurring on or after December
1, 2025, until the member completes the additional training.
SECTION 87. Section 659.015(k), Government Code, as amended
by this Act, applies to compensatory time accrued by an employee of
the Texas Department of Criminal Justice before, on, or after the
effective date of this Act.
SECTION 88. As soon as practicable after the effective date
of this Act:
(1) the Texas Board of Criminal Justice shall adopt
the rules required by Sections 499.101(a), 508.1131, and 508.1142,
Government Code, as amended by this Act; and
(2) the Board of Pardons and Paroles shall adopt the
rules required by Section 508.146(g), Government Code, as added by
this Act.
SECTION 89. (a) Not later than December 1, 2025, the Board
of Pardons and Paroles shall make the training required by Section
508.0421, Government Code, as added by this Act, available to board
members and parole commissioners described by Subsection (a) of
that section.
(b) Notwithstanding Section 508.0421(d), Government Code,
as added by this Act, a board member or parole commissioner to whom
that section applies is not required to complete the training
required by that section until December 1, 2025.
SECTION 90. Not later than September 1, 2026:
(1) the Texas Department of Criminal Justice and the
Windham School District shall develop the strategic plan required
by Section 501.104, Government Code, as added by this Act; and
(2) the Texas Department of Criminal Justice shall
revise each inmate's individual treatment plan as necessary to
conform to the requirements of Section 508.152(b-3), Government
Code, as added by this Act.
SECTION 91. The Board of Pardons and Paroles is not required
to comply with the changes in law made by this Act to Sections
508.036 and 508.1445, Government Code, until September 1, 2026.
SECTION 92. It is the intent of the 89th Legislature,
Regular Session, 2025, that the amendments made by this Act be
harmonized with another Act of the 89th Legislature, Regular
Session, 2025, relating to nonsubstantive additions to and
corrections in enacted codes.
SECTION 93. This Act takes effect September 1, 2025.
* * * * *