S.B. No. 532
                                        AN ACT
    1-1  relating to the creation of the state jail division of the Texas
    1-2  Department of Criminal Justice and to the operations of other
    1-3  divisions of the department and community supervision and
    1-4  corrections departments, to the certification of certain offenders,
    1-5  and to the confinement of certain felons convicted of state jail
    1-6  felonies or awaiting transfer from county jails to the
    1-7  institutional division of the Texas Department of Criminal Justice;
    1-8  providing penalties; making an appropriation from the economic
    1-9  stabilization fund.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11                               ARTICLE 1
   1-12        SECTION 1.01.  Section 491.001(a), Government Code, is
   1-13  amended by adding Subdivision (7) to read as follows:
   1-14              (7)  "State jail division" means the state jail
   1-15  division of the department.
   1-16        SECTION 1.02.  Section 493.002(a), Government Code, is
   1-17  amended to read as follows:
   1-18        (a)  The following divisions are within the department:
   1-19              (1)  the community justice assistance division;
   1-20              (2)  the institutional division; <and>
   1-21              (3)  the pardons and paroles division; and
   1-22              (4)  the state jail division.
   1-23        SECTION 1.03.  Chapter 493, Government Code, is amended by
   1-24  adding Section 493.0051 to read as follows:
    2-1        Sec. 493.0051.  STATE JAIL DIVISION.  The state jail division
    2-2  shall operate and manage state jails to confine defendants
    2-3  described by Section 507.002.
    2-4        SECTION 1.04.  Section 494.008(a), Government Code, is
    2-5  amended to read as follows:
    2-6        (a)  The director of the institutional division or the
    2-7  director's designee may authorize employees of the institutional
    2-8  division to transport inmates and to apprehend escapees from any
    2-9  <the> division of the department.  An employee acting under
   2-10  authority granted by the director has the same powers and duties as
   2-11  a peace officer under the laws of this state, except that the
   2-12  employee may not act without receiving express orders from the
   2-13  director or the director's designee, and may exercise those powers
   2-14  and perform those duties throughout the state but only during duty
   2-15  hours.
   2-16        SECTION 1.05.  Section 498.003(e), Government Code, is
   2-17  amended to read as follows:
   2-18        (e)  If a person confined in a county jail or a transfer
   2-19  facility operated by the institutional division is transferred to
   2-20  any other facility of the institutional division for confinement
   2-21  purposes, the director of the institutional division shall award
   2-22  good conduct time to the person up to an amount equal to that which
   2-23  the person could have accrued during the period of confinement
   2-24  <imprisonment> in the county jail or transfer facility if instead
   2-25  the person had been imprisoned <incarcerated> in the division
   2-26  during that period.
   2-27        SECTION 1.06.  Chapter 499, Government Code, is amended by
    3-1  adding Subchapter G to read as follows:
    3-2                  SUBCHAPTER G.  TRANSFER FACILITIES
    3-3        Sec. 499.151.  AUTHORITY TO OPERATE OR CONTRACT FOR TRANSFER
    3-4  FACILITIES.  (a)  The institutional division may operate, maintain,
    3-5  and  manage transfer facilities to confine inmates described by
    3-6  Section 499.152, and the board may finance and construct those
    3-7  facilities.  The institutional division, with the approval of the
    3-8  board, may contract with a private vendor or the commissioners
    3-9  court of a county for the financing, construction, operation,
   3-10  maintenance, or management of a transfer facility.
   3-11        (b)  The board and the institutional division shall ensure
   3-12  that a service described by Subsection (a) is provided in
   3-13  compliance with standards established  under Section 511.017,
   3-14  whether the board or the institutional division provides the
   3-15  service or contracts with an entity listed by Subsection (a) for
   3-16  the provision of the service.
   3-17        (c)  A transfer facility authorized by this subchapter may be
   3-18  located on private land or on land owned by the federal government,
   3-19  the state, or a political subdivision of the state.  The board may
   3-20  accept land donated for that purpose.
   3-21        (d)  A commissioners court of a county may not enter into a
   3-22  contract or receive a grant under this section unless:
   3-23              (1)  the commissioners court first consults with the
   3-24  community justice council serving the county; and
   3-25              (2)  the most recent community justice plan for the
   3-26  county served by the community justice council that has been
   3-27  approved by the community justice assistance division describes the
    4-1  contract or grant.
    4-2        Sec. 499.152.  ELIGIBLE INMATES.  The institutional division
    4-3  may confine an inmate in a transfer facility authorized by this
    4-4  subchapter:
    4-5              (1)  only if paperwork and processing required under
    4-6  Section 8(a), Article 42.09, Code of Criminal Procedure, for
    4-7  transfer of the inmate to the division has been completed; and
    4-8              (2)  only during a period in which the inmate would
    4-9  otherwise be confined in a county jail awaiting transfer to the
   4-10  division following conviction of a felony or revocation of
   4-11  probation, parole, or release on mandatory supervision.
   4-12        Sec. 499.153.  ADMISSIONS POLICY.  The board shall develop,
   4-13  adopt, and enforce:
   4-14              (1)  an admissions policy to accept from county jails
   4-15  eligible inmates described by Section 499.152 for confinement in
   4-16  transfer facilities authorized by this subchapter; and
   4-17              (2)  a transfer policy to transfer eligible inmates
   4-18  described by Section 499.152 from transfer facilities authorized by
   4-19  this subchapter to other facilities of the institutional division.
   4-20        Sec. 499.154.  CUSTODY STATUS; GOOD CONDUCT TIME.  An inmate
   4-21  described by Section 499.152 confined in a transfer facility
   4-22  authorized by this subchapter earns good conduct time in the same
   4-23  manner and subject to the same rules as if the inmate were confined
   4-24  in a county jail awaiting transfer to the institutional division.
   4-25        Sec. 499.155.  DURATION OF CONFINEMENT.  (a)   Except as
   4-26  provided by Subsection (b), the institutional division may not
   4-27  confine an inmate described by Section 499.152 in a transfer
    5-1  facility authorized by this subchapter for a period that exceeds 12
    5-2  months.
    5-3        (b)  If an inmate described by Section 499.152 is confined in
    5-4  a transfer facility, is released from or transferred from the
    5-5  transfer facility or returned to the convicting county under court
    5-6  order, and is convicted of a subsequent offense, is returned from
    5-7  the convicting county, or is the subject of a revocation of parole
    5-8  or mandatory supervision, the institutional division shall not
    5-9  calculate the previous period of confinement in determining the
   5-10  maximum period the defendant may be confined in a transfer facility
   5-11  following conviction of the subsequent offense, return from the
   5-12  convicting county, or revocation.
   5-13        (c)  If an inmate is discharged or released on parole or
   5-14  mandatory supervision from a transfer facility, the inmate is
   5-15  entitled to receive release or discharge money from the
   5-16  institutional division in the same amount as an inmate is entitled
   5-17  to receive on release or discharge from any other facility of the
   5-18  institutional division under Section 501.015.
   5-19        SECTION 1.07.  Subtitle G, Title 4, Government Code, is
   5-20  amended by adding Chapter 507 to read as follows:
   5-21                   CHAPTER 507.  STATE JAIL DIVISION
   5-22              SUBCHAPTER A.  STATE JAIL FELONY FACILITIES
   5-23        Sec. 507.001.  AUTHORITY TO OPERATE OR CONTRACT FOR STATE
   5-24  JAIL FELONY FACILITIES.  (a)  The state jail division may operate,
   5-25  maintain, and manage state jail felony facilities to confine
   5-26  inmates described by Section 507.002, and the board may finance and
   5-27  construct those facilities.  The state jail division, with the
    6-1  approval of the board, may contract with the institutional
    6-2  division, a private vendor,  or the commissioners court of a county
    6-3  for the construction, operation, maintenance, or management of a
    6-4  state jail felony facility.  The community justice assistance
    6-5  division, with the approval of the board, may contract with or make
    6-6  a grant to a community supervision and corrections department for
    6-7  the construction, operation, maintenance, or management of a state
    6-8  jail felony facility.  A community supervision and corrections
    6-9  department or the commissioners court of a county that contracts or
   6-10  receives a grant under this section may subcontract with a private
   6-11  vendor for the provision of any or all services described by this
   6-12  subsection.  A community supervision and corrections department
   6-13  that contracts or receives a grant under this section may
   6-14  subcontract with the commissioners court of a county for the
   6-15  provision of any or all services described by this subsection.  The
   6-16  board may contract with a private vendor or the commissioners court
   6-17  of a county for the financing or construction of a state jail
   6-18  felony facility.
   6-19        (b)  The community justice assistance division, after
   6-20  consultation with the advisory committee on community supervision
   6-21  and corrections department management to the judicial advisory
   6-22  council to the community justice assistance division, shall adopt
   6-23  reasonable rules and procedures establishing minimum requirements
   6-24  for work programs and programs of rehabilitation, education, and
   6-25  recreation in state jail felony facilities operated under contracts
   6-26  with or grants from the community justice assistance division.  For
   6-27  each state jail felony facility operated by or for the state jail
    7-1  division, the state jail division shall request the assistance of
    7-2  the community supervision and corrections departments and the
    7-3  community justice councils served by the facility in developing
    7-4  work programs and programs of rehabilitation, education, and
    7-5  recreation for defendants confined in the facility.  In developing
    7-6  the programs, the state jail division and the community justice
    7-7  assistance division shall attempt to structure programs so that
    7-8  they are operated on a 90-day cycle.
    7-9        (c)  The board shall ensure that a service described by
   7-10  Subsection (a) is provided in compliance with standards established
   7-11  by the board, whether the board, the state jail division, or the
   7-12  community justice assistance division provides the service or
   7-13  contracts with or makes a grant to an entity listed in Subsection
   7-14  (a) for the provision of the service.  The board shall ensure that
   7-15  a program described by Subsection (b) is provided in compliance
   7-16  with minimum requirements established under Subsection (b), whether
   7-17  the state jail division or the community justice assistance
   7-18  division provides the service or contracts with or makes a grant to
   7-19  an entity listed in Subsection (a) for the provision of the
   7-20  service.
   7-21        (d)  A state jail felony facility authorized by this
   7-22  subchapter may be located on private land or on land owned by the
   7-23  federal government, the state, a community supervision and
   7-24  corrections department, or a political subdivision of the state.
   7-25  The board may accept land donated for that purpose.
   7-26        (e)  A commissioners court of a county or a community
   7-27  supervision and corrections department may not enter into a
    8-1  contract or receive a grant under this section unless:
    8-2              (1)  the commissioners court or department first
    8-3  consults with the community justice council serving the county or
    8-4  serving the department; and
    8-5              (2)  the most recent community justice plan for the
    8-6  county or department served by the community justice council that
    8-7  has been approved by the community justice assistance division
    8-8  describes the contract or grant.
    8-9        Sec. 507.002.  ELIGIBLE DEFENDANTS.  The state jail division
   8-10  may confine in a state jail felony facility authorized by this
   8-11  subchapter defendants required by a judge to serve a term of
   8-12  confinement in a state jail felony facility following conviction of
   8-13  an offense punishable as a state jail felony.
   8-14        Sec. 507.003.  REGIONS.  The board shall designate not fewer
   8-15  than nine regions in the state for the purpose of providing
   8-16  regional state jail felony facilities.  The board shall ensure that
   8-17  regions are designed to efficiently serve community supervision and
   8-18  corrections departments.  The board may not designate a region that
   8-19  contains a part of an area served by a community supervision and
   8-20  corrections department.  The board may designate a region that
   8-21  contains only one judicial district, but only if the judicial
   8-22  district serves a municipality with a population of 400,000 or
   8-23  more.  Any other provision of law that would otherwise require the
   8-24  board to designate regions on the basis of uniform service regions
   8-25  does not apply to this section.
   8-26        Sec. 507.004.  ALLOCATION POLICIES.  The board shall adopt
   8-27  and enforce:
    9-1              (1)  a regional allocation policy to allocate the
    9-2  number of facilities and beds to each region established under
    9-3  Section 507.003; and
    9-4              (2)  an intra-regional allocation policy for each
    9-5  region, to allocate the number of facilities and beds within a
    9-6  region to the community supervision and corrections departments in
    9-7  that region, unless those departments by their own agreement
    9-8  establish the allocation of beds in the region.
    9-9        Sec. 507.005.  IMPLEMENTATION.  (a)  The board shall provide
   9-10  for the financing, construction, operation, maintenance, and
   9-11  management of the state jail felony facilities for which funds are
   9-12  appropriated under the General Appropriations Act or any other Act
   9-13  of the 73rd Legislature, Regular Session, 1993, in two modes.
   9-14        (b)  In mode one, the board and the state jail division shall
   9-15  provide for state jail felony facilities that contain not less than
   9-16  70 percent of the beds for which funds are appropriated as
   9-17  described by Subsection (a).  The board shall consider the regions
   9-18  designated under Section 507.003 and attempt to place state jail
   9-19  felony facilities at locations that are sufficiently geographically
   9-20  diverse to serve the needs of each of those regions.  The state
   9-21  jail division, with the approval of the board, shall contract with
   9-22  the institutional division for the construction, operation,
   9-23  maintenance, and management of facilities included in mode one.
   9-24        (c)  In mode two, the board and at the discretion of the
   9-25  board either or both the state jail division or the community
   9-26  justice assistance division shall provide for state jail felony
   9-27  facilities that contain the percentage of beds for which funds are
   10-1  appropriated as described by Subsection (a) but that are not
   10-2  included in mode one.  For facilities provided by the state jail
   10-3  division, the division, with the approval of the board, shall
   10-4  attempt to contract with private vendors or commissioners courts of
   10-5  counties for the construction, operation, maintenance, or
   10-6  management of state jail felony facilities included in mode two.
   10-7  For facilities provided by the community justice assistance
   10-8  division, the division, with the approval of the board, shall
   10-9  attempt to contract with or make grants to community supervision
  10-10  and corrections departments for the construction, operation,
  10-11  maintenance, or management of state jail felony facilities included
  10-12  in mode two.  The state jail division, with the approval of the
  10-13  board, may establish pilot programs with counties and the community
  10-14  justice assistance division, with the approval of the board, may
  10-15  establish pilot programs with community supervision and corrections
  10-16  departments.  As part of a pilot program, a county or department
  10-17  may agree to construct and operate a state jail felony facility
  10-18  included in mode two under a formula of mutual accountability for
  10-19  sentencing practices and the funding of criminal justice programs.
  10-20  A commissioners court of a county or a community supervision and
  10-21  corrections department may not enter into a contract or receive a
  10-22  grant under this subsection unless:
  10-23              (1)  the commissioners court or department first
  10-24  consults with the community justice council serving the county or
  10-25  serving the department; and
  10-26              (2)  the most recent community justice plan for the
  10-27  county or department served by the community justice council that
   11-1  has been approved by the community justice assistance division
   11-2  describes the contract or grant.
   11-3        (d)  The board, not later than October 1, 1993, shall adopt a
   11-4  timetable for the implementation of mode one and mode two.  The
   11-5  board shall design the timetable in a manner that permits the
   11-6  institutional division to meet the obligations imposed on the
   11-7  division by Section 499.121(c).
   11-8        (e)  This section expires September 1, 1995.
   11-9        Sec. 507.006.  USE OF FACILITY FOR TRANSFER INMATES.
  11-10  (a)  Notwithstanding any other provision of this subchapter, the
  11-11  state jail division, with the approval of the board, may designate
  11-12  one or more state jail felony facilities to house inmates who are
  11-13  eligible for confinement in a transfer facility under Section
  11-14  499.152, but only if the designation does not deny placement in a
  11-15  state jail felony facility of defendants required to serve terms of
  11-16  confinement in a facility following conviction of state jail
  11-17  felonies.
  11-18        (b)  Sections 499.154 and 499.155 apply to an inmate eligible
  11-19  for confinement in a transfer facility under Section 499.152 who is
  11-20  nonetheless confined in a state jail felony facility in the same
  11-21  manner as if the inmate were confined in a transfer facility.
  11-22        (c)  This section expires September 1, 1997.
  11-23                SUBCHAPTER B.  MISCELLANEOUS PROVISIONS
  11-24        Sec. 507.021.  EMPLOYEES:  LIMITED LAW ENFORCEMENT POWERS.
  11-25  (a)  The director of the state jail division or the director's
  11-26  designee may authorize employees of the division to transport
  11-27  defendants and to apprehend escapees from any division of the
   12-1  department.  An employee acting under authority granted by the
   12-2  director has the same powers and duties as a peace officer under
   12-3  the laws of this state, except that the employee may not act
   12-4  without receiving express orders from the director or the
   12-5  director's designee, and may exercise those powers and perform
   12-6  those duties throughout the state, but only during duty hours.
   12-7        (b)  The state jail division may allow employees who are
   12-8  granted law enforcement authority under this section to assist
   12-9  peace officers in any county of the state if the assistance is
  12-10  requested for the purpose of apprehending an escapee of a municipal
  12-11  or county jail and if the division determines that the assistance
  12-12  will not jeopardize the safety and security of the division and its
  12-13  personnel.  An employee who assists a peace officer in the
  12-14  performance of the officer's duties has the same powers and duties
  12-15  as the officer requesting assistance.
  12-16        (c)  An employee of the state jail division may not enforce
  12-17  the laws of this state relating to the prevention of misdemeanors
  12-18  and the detention of persons who commit misdemeanors, including
  12-19  laws regulating traffic and the use of state highways.
  12-20        (d)  An employee described by Subsection (a) may not be
  12-21  considered a peace officer for any purposes other than those
  12-22  specified under this section and is not required to be certified by
  12-23  the Commission on Law Enforcement Officer Standards and Education.
  12-24        Sec. 507.022.  EMPLOYEES' SALARIES, ROOM AND BOARD, AND
  12-25  MEDICAL CARE.  (a)  Salaries of employees of the state jail
  12-26  division and the provision of board, lodging, uniforms, and other
  12-27  provisions to employees are as provided by the General
   13-1  Appropriations Act.
   13-2        (b)  Employees of the state jail division who are injured in
   13-3  the line of duty are entitled to receive free medical care and
   13-4  hospitalization from institutional division doctors and the
   13-5  institutional division hospital.
   13-6        Sec. 507.023.  AIDS AND HIV EDUCATION; TESTING.  (a)  The
   13-7  state jail division shall establish and provide education programs
   13-8  to educate state jail division employees and defendants in state
   13-9  jail felony facilities about AIDS and HIV in the same manner as the
  13-10  institutional division establishes and provides programs for
  13-11  employees and inmates under Section 501.054.
  13-12        (b)  The state jail division shall adopt a policy for
  13-13  handling a defendant with AIDS or HIV and may test a defendant for
  13-14  AIDS or HIV in the same manner and subject to the same conditions
  13-15  as apply to the institutional division under Section 501.054.
  13-16        (c)  In this section, "AIDS" and "HIV" have the meanings
  13-17  assigned by Section 81.101, Health and Safety Code.
  13-18        Sec. 507.024.  TRANSPORTATION OF DEFENDANTS.  The board shall
  13-19  adopt rules to provide for the safe transfer of defendants from
  13-20  counties to state jail felony facilities.  A sheriff may transport
  13-21  defendants to a state jail felony facility if the sheriff is able
  13-22  to perform the service as economically as if the service were
  13-23  performed by the division.  The state jail division is responsible
  13-24  for the cost of transportation of defendants to the division.
  13-25  Defendants may be transported with other persons being transported
  13-26  to the custody of the department provided appropriate security
  13-27  precautions prescribed by policies of the department are taken.
   14-1        Sec. 507.025.  MEDICAL CARE.  The state jail division, with
   14-2  the approval of the board, may contract with the institutional
   14-3  division, a private vendor, or any public health care provider for
   14-4  the provision of medical services to defendants in state jail
   14-5  felony facilities.
   14-6        Sec. 507.026.  CHANGE IN DESIGNATION OF FACILITY.  The board
   14-7  may designate any facility under its control as a state jail felony
   14-8  facility and confine state jail felons in that facility.
   14-9        Sec. 507.027.  INSPECTIONS.  The board shall adopt rules
  14-10  relating to inspections by the department of state jail felony
  14-11  facility construction projects.
  14-12        SECTION 1.08.  Subsections (h) and (i) of Section 501.059,
  14-13  Government Code, as added by S.B. 378, Acts of the 73rd
  14-14  Legislature, Regular Session, 1993, are amended to read as follows:
  14-15        (h)  To the extent possible the committee shall integrate the
  14-16  managed care network with the public medical schools of this state
  14-17  and the component and affiliated hospitals of those medical
  14-18  schools.
  14-19        (i)  For those services for which the public medical schools
  14-20  and their components and affiliates cannot provide, the committee
  14-21  shall initiate a competitive bidding process for contracts with
  14-22  other providers for medical care to inmates confined in the
  14-23  institutional division.
  14-24        SECTION 1.09.  Chapter 511, Government Code, is amended by
  14-25  adding Section 511.017 to read as follows:
  14-26        Sec. 511.017.  DUTIES RELATED TO STATE JAIL FELONY FACILITIES
  14-27  AND INSTITUTIONAL DIVISION TRANSFER FACILITIES.  (a)  In this
   15-1  section:
   15-2              (1)  "State jail division" means the state jail
   15-3  division of the Texas Department of Criminal Justice.
   15-4              (2)  "State jail felony facility" means a state jail
   15-5  felony facility authorized by Subchapter A, Chapter 507.
   15-6              (3)  "Transfer facility" means a transfer facility
   15-7  operated by the institutional division of the Texas Department of
   15-8  Criminal Justice under Subchapter G, Chapter 499.
   15-9        (b)  The commission shall provide the state jail division
  15-10  with consultation and technical assistance relating to the
  15-11  operation and construction of state jail felony facilities.
  15-12        SECTION 1.10.  The state jail division of the Texas
  15-13  Department of Criminal Justice shall propose and the Texas Board of
  15-14  Criminal Justice, not later than October 1, 1993, shall designate
  15-15  regions as described by Section 507.003, Government Code, as added
  15-16  by this article, and shall adopt the allocation policies described
  15-17  by Section 507.004, Government Code, as added by this article.
  15-18        SECTION 1.11.  Section 811.001(8), Government Code, is
  15-19  amended to read as follows:
  15-20              (8)  "Custodial officer" means a member of the
  15-21  retirement system who is employed by the institutional division or
  15-22  the state jail division of the Texas Department of Criminal Justice
  15-23  <Corrections> and certified by the <that> department as having a
  15-24  normal job assignment that requires frequent or infrequent
  15-25  regularly planned contact with, and in close proximity to, inmates
  15-26  of the institutional division or inmates or defendants confined in
  15-27  the state jail division <that institution> without the protection
   16-1  of bars, doors, security screens, or similar devices and includes
   16-2  assignments normally involving supervision or the potential for
   16-3  supervision of inmates in inmate housing areas, educational or
   16-4  recreational facilities, industrial shops, kitchens, laundries,
   16-5  medical areas, agricultural shops or fields, or in other areas on
   16-6  or away from property of the institutional division or the state
   16-7  jail division <institution>.
   16-8        SECTION 1.12.  Section 2(a)(4), Chapter 86, Acts of the 60th
   16-9  Legislature, Regular Session, 1967 (Article 6228f, Vernon's Texas
  16-10  Civil Statutes), is amended to read as follows:
  16-11              (4)  "Custodial personnel of the Texas Department of
  16-12  Corrections" means a member of the class of employees of the
  16-13  institutional division or the state jail division of the Texas
  16-14  Department of Criminal Justice formally designated as custodial
  16-15  personnel by the Texas Board of Criminal Justice or its predecessor
  16-16  in function <the class of employees of the Department of
  16-17  Corrections designated as custodial personnel by a resolution
  16-18  adopted by the Texas Board of Corrections>.
  16-19        SECTION 1.13.  Section 9, Chapter 86, Acts of the 60th
  16-20  Legislature, Regular Session, 1967 (Article 6228f, Vernon's Texas
  16-21  Civil Statutes), is amended to read as follows:
  16-22        Sec. 9.  DUTY OF THE TEXAS BOARD OF CRIMINAL JUSTICE
  16-23  <CORRECTIONS>.  The Texas Board of Criminal Justice shall adopt and
  16-24  include in its minutes a formal designation identifying the classes
  16-25  of persons who are custodial personnel of the institutional
  16-26  division or the state jail division of the Texas Department of
  16-27  Criminal Justice so that there is no uncertainty about which
   17-1  persons are custodial personnel <It shall be the duty of the Texas
   17-2  Board of Corrections to adopt a formal designation spread on its
   17-3  minutes identifying the classes of persons who are custodial
   17-4  personnel of the Texas Department of Corrections.  It is the intent
   17-5  of the Legislature in enacting this provision that the
   17-6  constitutional provisions of Section 51-d, Article III, of the
   17-7  Texas Constitution, be observed in order that there be no
   17-8  uncertainty about which persons are custodial personnel and which
   17-9  are not>.
  17-10        SECTION 1.14.  Subchapter B, Chapter 13, Education Code, is
  17-11  amended by adding Section 13.0323 to read as follows:
  17-12        Sec. 13.0323.  RESTRICTED CERTIFICATION OF INDIVIDUAL
  17-13  CONVICTED OF A CRIMINAL OFFENSE.  (a)  The State Board of Education
  17-14  by rule shall provide for restricted certification as a teacher of
  17-15  an individual convicted of a criminal offense who would be eligible
  17-16  for certification to teach in a public school in this state if the
  17-17  individual had not been convicted of the offense.
  17-18        (b)  An individual certified under this section may serve as
  17-19  a teacher only in a correctional facility operated by an agency of
  17-20  the state or a political subdivision of the state.
  17-21        SECTION 1.15.  This article takes effect September 1, 1993.
  17-22                               ARTICLE 2
  17-23        SECTION 2.01.  Article 42.13, Code of Criminal Procedure, is
  17-24  amended to read as follows:
  17-25        Art. 42.13.  COMMUNITY JUSTICE ASSISTANCE DIVISION OF THE
  17-26  TEXAS DEPARTMENT OF CRIMINAL JUSTICE
  17-27        Sec. 1.  Purpose; Definitions.  (a)  The purpose of this
   18-1  article is to:
   18-2              (1)  allow localities to increase their involvement and
   18-3  responsibility in developing sentencing programs that provide
   18-4  effective sanctions for criminal defendants <felony offenders>;
   18-5              (2)  provide increased opportunities for criminal
   18-6  defendants <felony offenders> to make restitution to victims of
   18-7  crime through financial reimbursement or community service;
   18-8              (3)  provide increased use of community penalties
   18-9  designed specifically to meet local needs; and
  18-10              (4)  promote efficiency and economy in the delivery of
  18-11  community-based correctional programs consistent with the
  18-12  objectives defined by Section 1.02, Penal Code.
  18-13        (b)  In this article:
  18-14              (1)  "Board" means the Texas Board of Criminal Justice.
  18-15              (2)  "Community corrections facility" means a physical
  18-16  structure, established by a judicial district after authorization
  18-17  of the establishment of the structure has been included in the
  18-18  local community justice plan, that is operated by a department or
  18-19  operated for a department by an entity under contract with the
  18-20  department, for the purpose of confining persons placed on
  18-21  community supervision and providing services and programs to modify
  18-22  criminal behavior, deter criminal activity, protect the public, and
  18-23  restore victims of crime.  The term includes:
  18-24                    (A)  a restitution center;
  18-25                    (B)  a court residential treatment facility;
  18-26                    (C)  a substance abuse treatment facility;
  18-27                    (D)  a custody facility or boot camp;
   19-1                    (E)  a facility for an offender with a mental
   19-2  impairment, as defined by Section 614.001, Health and Safety Code;
   19-3                    (F)  an intermediate sanction facility; and
   19-4                    (G)  a state jail felony facility.
   19-5              (3)  "Department" means a community supervision and
   19-6  corrections department established under Article 42.131 of this
   19-7  code.
   19-8              (4) <(3)>  "Division" means the community justice
   19-9  assistance division of the Texas Department of Criminal Justice.
  19-10              (5)  "State aid" means funds appropriated by the
  19-11  legislature to the division to provide financial assistance to:
  19-12                    (A)  judicial districts, for:
  19-13                          (i)  the administration of departments;
  19-14                          (ii)  the development and improvement of
  19-15  community supervision services and community-based correctional
  19-16  programs;
  19-17                          (iii)  the establishment and operation of
  19-18  community corrections facilities; and
  19-19                          (iv)  assistance in conforming with
  19-20  standards and policies of the division and the board; and
  19-21                    (B)  state agencies, counties, municipalities,
  19-22  and nonprofit organizations for the implementation and
  19-23  administration of community-based sanctions and programs.
  19-24        Sec. 2.  Standards and Procedures.  (a)  The division shall
  19-25  propose and the board shall adopt reasonable rules establishing:
  19-26              (1)  <establishing> minimum standards for programs,
  19-27  community corrections facilities and other facilities, equipment,
   20-1  and other aspects of the operation of departments;
   20-2              (2)  <establishing an application process and
   20-3  procedures for funding community corrections facilities; and>
   20-4              <(3)>  a list and description of core services that
   20-5  should be provided by each department;
   20-6              (3)  methods for measuring the success of community
   20-7  supervision and corrections programs, including methods for
   20-8  measuring rates of diversion, program completion, and recidivism;
   20-9  and
  20-10              (4)  <establishing> a format for community justice
  20-11  plans.
  20-12        (b)  In establishing standards relating to the operation of
  20-13  departments, the division shall consider guidelines <previously>
  20-14  developed and presented  by the advisory committee on community
  20-15  supervision and corrections <probation> department management to
  20-16  the judicial advisory council established under Section 493.003(b),
  20-17  Government Code  <Texas Adult Probation Commission>.
  20-18        (c)  After consultation with the Texas Commission on Alcohol
  20-19  and Drug Abuse, the division by rule shall establish standards for
  20-20  the operation of substance abuse facilities and programs by the
  20-21  division and by departments.   A facility or program operating
  20-22  under the standards is not required to be licensed or otherwise
  20-23  approved by any other state or local agency.
  20-24        Sec. 3.  Records, Reports, and Information Systems.  (a)  The
  20-25  division shall require each department to:
  20-26              (1)  keep financial and statistical records determined
  20-27  necessary by the division;
   21-1              (2)  submit a community justice plan and all supporting
   21-2  information requested by the division;<, if Section 3 of Article
   21-3  42.131 of this code applies to the department; and>
   21-4              (3)  present data requested by the division as
   21-5  necessary to determine the amount of state aid for which the
   21-6  department is eligible; and
   21-7              (4)  submit periodic financial audits and statistical
   21-8  reports to the division.
   21-9        (b)  The division shall develop an automated <probationer>
  21-10  tracking system that:
  21-11              (1)  is capable of receiving tracking data from
  21-12  community supervision and corrections departments' caseload
  21-13  management and accounting systems;
  21-14              (2)  is capable of tracking the defendant <probationer>
  21-15  and the sentencing event at <conviction for> which the defendant
  21-16  was placed on community supervision <probationer received
  21-17  probation> by name, arrest charge code, and incident number;
  21-18              (3)  provides the division with the statistical data it
  21-19  needs to support budget requests and satisfy requests for
  21-20  information; and
  21-21              (4)  is compatible with the requirements of Chapter 60
  21-22  of this code and the information systems used by the institutional
  21-23  division and the pardons and paroles <Board of Pardons and Paroles>
  21-24  division of the department.
  21-25        Sec. 4.  INSPECTIONS; AUDITS; EVALUATIONS.  (a)  The division
  21-26  may inspect and evaluate a department or conduct audits of
  21-27  financial records of a department at any reasonable time to
   22-1  determine compliance with the division's rules and standards.
   22-2        (b)  The division shall authorize payments under Section
   22-3  10(a)(1) of this article only if the division determines that the
   22-4  department has made a reasonable effort to maintain workloads
   22-5  established by the division for supervising officers that do not
   22-6  exceed the following ratios:
   22-7              (1)  one officer or full-time equivalent per 25 cases,
   22-8  with a workload unit value of 4 per case;
   22-9              (2)  one officer or full-time equivalent per 40 cases,
  22-10  with a workload unit value of 2.5 per case;
  22-11              (3)  one officer or full-time equivalent per 75 cases,
  22-12  with a workload unit value of 1.33 per case; and
  22-13              (4)  one officer or full-time equivalent per 100 cases,
  22-14  with a workload unit value of 1 per case.
  22-15        Sec. 5.  Community Corrections Facilities.  (a)  In order to
  22-16  establish and maintain community corrections facilities, the
  22-17  division may:
  22-18              (1)  <develop standards for the physical plant and
  22-19  operation of community corrections facilities and standards for the
  22-20  programs offered by those facilities;>
  22-21              <(2)>  fund division-managed <community corrections>
  22-22  facilities <if local contractors are not available or do not meet
  22-23  the standards established by the division>;
  22-24              (2) <(3)>  fund contracts for <management of community
  22-25  corrections> facilities that are managed by departments, counties,
  22-26  or vendors;
  22-27              (3) <(4)>  provide funds to departments for the
   23-1  renovation of leased or donated buildings for use as <community
   23-2  corrections> facilities;
   23-3              (4) <(5)>  accept ownership of real property pursuant
   23-4  to an agreement under which the division agrees to construct a
   23-5  <community corrections> facility and offer the facility for lease;
   23-6              (5) <(6)>  allow departments, counties, or
   23-7  municipalities to accept and use buildings provided by units of
   23-8  local governments, including rural hospital districts, for use as
   23-9  <community corrections> facilities;
  23-10              (6) <(7)>  provide funds to departments, counties, or
  23-11  municipalities to lease, purchase, or construct buildings or to
  23-12  lease or purchase<,> land<,> or other real property for use as
  23-13  <community corrections> facilities, lease or purchase equipment
  23-14  necessary for the operation of facilities, and pay other costs as
  23-15  necessary for the management and operation of facilities; and
  23-16              <(8)  require that all community corrections facilities
  23-17  be in compliance with state and local safety laws;>
  23-18              <(9)  develop standards for disciplinary rules to be
  23-19  imposed on residents of community corrections facilities;>
  23-20              <(10)  require departments to provide data requested by
  23-21  the division;>
  23-22              (7) <(11)>  be a party to a contract for correctional
  23-23  services or approve a contract for those services if the state, on
  23-24  a biennial appropriations basis, commits to fund a portion of the
  23-25  contract<; and>
  23-26              <(12)  develop standards for the granting of emergency
  23-27  furloughs for residents confined in community corrections
   24-1  facilities>.
   24-2        (b)  The division may require that community corrections
   24-3  facilities comply with state and local safety laws and may develop
   24-4  standards for:
   24-5              (1)  the physical plant and operation of community
   24-6  corrections facilities;
   24-7              (2)  programs offered by community corrections
   24-8  facilities;
   24-9              (3)  disciplinary rules for residents of community
  24-10  corrections facilities; and
  24-11              (4)  emergency furloughs for residents of community
  24-12  corrections facilities.
  24-13        (c)  Minimum standards for community corrections facilities
  24-14  must include requirements that a facility:
  24-15              (1)  provide levels of security appropriate for the
  24-16  population served by the facility, including as a minimum a
  24-17  monitored and structured environment in which a resident's interior
  24-18  and exterior movements and activities can be supervised by specific
  24-19  destination and time; and
  24-20              (2)  accept only those residents who are physically and
  24-21  mentally capable of participating in any program offered at the
  24-22  facility that requires strenuous physical activity, if
  24-23  participation in the program is required of all residents of the
  24-24  facility.
  24-25        (d)  Standards developed by the division that relate to state
  24-26  jail felony facilities must meet minimum requirements adopted by
  24-27  the board for the operation of state jail felony facilities.  The
   25-1  board may adopt rules and procedures for the operation of more than
   25-2  one type of state jail felony facility.
   25-3        (e)  With the consent of the department operating or
   25-4  contracting for the operation of the facility, the board may
   25-5  designate any community corrections facility that is an
   25-6  intermediate sanction facility as a state jail felony facility and
   25-7  confine state jail felons in that facility.
   25-8        Sec. 6.  Community Justice Plan.  (a)  The <Beginning on
   25-9  September 1, 1991, the> division shall require as a condition to
  25-10  payment of state aid to a  department or county under Section 10
  25-11  <11 or Section 13> of this article and eligibility for payment of
  25-12  costs under Section 499.124, Government Code, that a community
  25-13  justice plan be submitted for the department.  The community
  25-14  justice council shall submit the plan required by this subsection.
  25-15  A community justice council may not submit a plan under this
  25-16  section unless the plan is first approved by the district judges
  25-17  who manage the department served by the council.  The council shall
  25-18  submit a revised plan to the division each odd-numbered year by a
  25-19  date designated by the division.  A plan may be amended at any time
  25-20  with the approval of the division.
  25-21        (b)  A community justice plan required under this section
  25-22  must include:
  25-23              (1)  <a summary of services provided by or available to
  25-24  the department at the time the plan is submitted;>
  25-25              <(2)  a description of proposed new facilities or
  25-26  programs or significant expansion of existing facilities or
  25-27  programs and a summary of how the department proposes to use the
   26-1  facilities or programs, with a particular emphasis on the plans of
   26-2  the department to expand the department's use of:>
   26-3                    <(A)  electronic monitoring programs;>
   26-4                    <(B)  testing for controlled substances; and>
   26-5                    <(C)  community corrections facilities,
   26-6  including:>
   26-7                          <(i)  restitution facilities;>
   26-8                          <(ii)  court residential treatment
   26-9  facilities;>
  26-10                          <(iii)  substance abuse treatment
  26-11  facilities;>
  26-12                          <(iv)  custody facilities and boot camps;>
  26-13                          <(v)  facilities for offenders described by
  26-14  Section 1, Article 4413(49a), Revised Statutes;>
  26-15                          <(vi)  intermediate sanction facilities;>
  26-16                          <(vii)  pre-parole transfer facilities;>
  26-17                          <(viii)  halfway houses; and>
  26-18                          <(ix)  work facilities;>
  26-19              <(3)  a description of services for offenders needed
  26-20  within the area served by the department, including services needed
  26-21  within an accessible radius of any facility or program that is
  26-22  proposed;>
  26-23              <(4)  a copy or description of any proposed contract
  26-24  that is required to achieve proposed facilities or programs; and>
  26-25              <(5)>  a statement of goals and priorities and of
  26-26  commitment by the community justice council, the district judges
  26-27  who manage the department, and the department to achieve a targeted
   27-1  level of alternative sanctions;
   27-2              (2)  a description of methods for measuring the success
   27-3  of programs provided by the department or provided by an entity
   27-4  served by the department; and
   27-5              (3)  a proposal for the use of state jail felony
   27-6  facilities and, at the discretion of the community justice council,
   27-7  a regional proposal for the construction, operation, maintenance,
   27-8  or management of a state jail felony facility by a county, a
   27-9  community supervision and corrections department, or a private
  27-10  vendor under a contract with a county or a community supervision
  27-11  and corrections department.
  27-12        <(c)  A community justice plan submitted to the division by a
  27-13  department or by departments acting in cooperation may include:>
  27-14              <(1)  implementation processes for division-approved
  27-15  program evaluation and data collection;>
  27-16              <(2)  a description of existing and proposed personnel
  27-17  training programs, community service programs, and restitution
  27-18  programs;>
  27-19              <(3)  a description of existing and proposed programs
  27-20  to recruit volunteer community service programs to work with
  27-21  offenders served by the department; and>
  27-22              <(4)  other details or options that the community
  27-23  justice council wishes to include.>
  27-24        <(d)  A community justice plan submitted under this section
  27-25  must include, in addition to the information required by Subsection
  27-26  (b) of this section, a budget and program schedule detailing the
  27-27  application of state funding to the programs proposed in the plan
   28-1  and any other information required by the division.>
   28-2        Sec. 7.  OFFICER CERTIFICATION.  (a)  The division shall
   28-3  establish officer certification programs for department residential
   28-4  officers and department supervision officers.  Each program must
   28-5  include coursework relating to the proper performance of the
   28-6  officer's duties and an examination prepared by the division
   28-7  administered at the conclusion of the coursework.  The examination
   28-8  must test officers on knowledge required for the proper performance
   28-9  of their duties.  Each officer who satisfactorily completes the
  28-10  coursework and examination shall be certified.
  28-11        (b)  Except as provided by Subsections (d), (e), and (f) of
  28-12  this section, a department may not continue to employ an officer
  28-13  unless the officer is exempt from certification requirements on the
  28-14  effective date of this Act or satisfactorily completes the
  28-15  coursework and examination required by this section not later than
  28-16  the first anniversary of the date on which the officer begins
  28-17  employment with the department.
  28-18        (c)  The division shall provide adequate notification of the
  28-19  results of examinations and provide other relevant information
  28-20  regarding examinations as requested by examinees.
  28-21        (d)  The division may extend the period for the coursework
  28-22  and examination requirements for an officer under Subsection (b) or
  28-23  (f) of this section for an additional period not to exceed one year
  28-24  because:
  28-25              (1)  of a need by the department to increase hiring to
  28-26  reduce caseloads to a level necessary to receive full state aid; or
  28-27              (2)  an extenuating circumstance, as determined by the
   29-1  division director, prevents the officer from completing the
   29-2  coursework and examination within the required period <for officers
   29-3  employed by a department that during the initial one-year period
   29-4  increases hiring in order to reduce caseloads as required by law as
   29-5  a condition to full state funding>.
   29-6        (e)  The division may waive certification requirements other
   29-7  than a fee requirement for an applicant with a valid certificate
   29-8  from another state that has certification requirements
   29-9  substantially similar to those of this state.
  29-10        (f)  A department may not continue to employ a residential
  29-11  officer unless the officer successfully completes the coursework
  29-12  and examination requirement under this section before the first
  29-13  anniversary of the date on which the officer begins the officer's
  29-14  assignment to a residential facility <employment with the
  29-15  department>.  The division shall make the first certification
  29-16  coursework and examination required by this subsection available
  29-17  not later than September 1, 1990.  An officer who is assigned to a
  29-18  residential facility and who was <A residential officer> employed
  29-19  by a department before September 1, 1990, is not required to
  29-20  successfully complete the examination before the first anniversary
  29-21  of the date the division makes the first examination available.
  29-22        (g)  The division may deny, revoke, or suspend a
  29-23  certification or may reprimand an <a certified> officer for a
  29-24  violation of this article or a rule of the Texas Board of Criminal
  29-25  Justice.
  29-26        (h)  If the division proposes to deny, <suspend or> revoke,
  29-27  or suspend an officer's certification or to reprimand an officer
   30-1  <under this article>, the officer <person> is entitled to a hearing
   30-2  before the division or a hearings examiner appointed by the
   30-3  division.  The division shall adopt procedures for appeals by
   30-4  officers of decisions made by the division to deny, revoke, or
   30-5  suspend a certification or to reprimand an officer <by which
   30-6  decisions to suspend are made by or are appealable to the
   30-7  commission>.
   30-8        Sec. 8.  TRAINING.  The division may provide pre-service,
   30-9  in-service, and educational training and technical assistance to
  30-10  departments to promote compliance with the standards under this
  30-11  article and to assist departments in improving the operation of
  30-12  department services.
  30-13        Sec. 9.  <DATA AND REPORTS FOR STATE AID.  The director of a
  30-14  department shall present data requested by the division as
  30-15  necessary to determine the amount of state financial aid to which
  30-16  the department is entitled.  A department receiving state aid shall
  30-17  submit reports as required by the division.>
  30-18        <Sec. 10.>  PUBLIC MEETING.  (a)  The division may not take
  30-19  an action under Sections 5(a)(1) through (6) <(2) through (7)> of
  30-20  this article relating to a community corrections facility
  30-21  established after August 31, 1989, unless a public meeting is held
  30-22  about the proposed action before the action is taken.
  30-23        (b)  Before the 30th day before the date of the meeting, the
  30-24  division, the department that the facility is to serve, or a vendor
  30-25  proposing to operate the facility shall:
  30-26              (1)  publish notice of the date, hour, place, and
  30-27  subject of the hearing required by Subsection (a) of this section
   31-1  in three consecutive issues of a newspaper of, or in newspapers
   31-2  that collectively have, general circulation in the county in which
   31-3  the proposed facility is to be located; and
   31-4              (2)  mail a copy of the notice to each city council
   31-5  member, county commissioner, state representative, and state
   31-6  senator who represents the area in which the proposed facility is
   31-7  to be located, unless the proposed facility has been previously
   31-8  authorized to operate at a particular location by a community
   31-9  justice council under Section 3, Article 42.131, of this code.
  31-10        (c)  If a private vendor, other than a private vendor that
  31-11  operates as a nonprofit corporation, proposes to operate a facility
  31-12  that is the subject of a public meeting under this section, the
  31-13  private vendor is responsible for the costs of providing notice and
  31-14  holding the public meeting required by this section.
  31-15        (d)  In describing the subject of a hearing for purposes of
  31-16  publishing notice under this section, the notice must specifically
  31-17  state the address of the facility on which a proposed action is to
  31-18  be taken and describe the proposed action.
  31-19        (e)  The division, a department, or a private vendor shall
  31-20  hold a public meeting required by Subsection (a) of this section
  31-21  <in the county in which the facility on which a proposed action is
  31-22  to be taken is located,> at a site as close as practicable to the
  31-23  location at which the proposed action is to be taken <facility>.
  31-24        (f)  A department, a county, a municipality, or a combination
  31-25  involving more than one of those entities may not take an action
  31-26  under Section 10, Article 42.131, of this code unless the community
  31-27  justice council serving the entity or entities holds a public
   32-1  meeting before the action is taken, with notice provided and the
   32-2  hearing to be held in the same manner as provided by Subsections
   32-3  (a) through (e) of this section.
   32-4        Sec. 10 <11>.  Payment of State Aid.  (a)  If the division
   32-5  determines that a department complies with division standards and
   32-6  if the department or judges managing the department have submitted
   32-7  a community justice plan under Section 3, Article 42.131 of this
   32-8  code and the supporting information required by the division <this
   32-9  article> and the division determines the plan and supporting
  32-10  information are <is> acceptable, the division shall prepare and
  32-11  submit to the comptroller of public accounts vouchers for payment
  32-12  to the department as follows:
  32-13              (1)  for per capita funding, a per diem <an annual>
  32-14  amount <as provided in the General Appropriations Act> for each
  32-15  <full-time officer or each full-time equivalent employed by the
  32-16  department who supervises any combination of> felony defendant
  32-17  directly supervised by the department pursuant to lawful authority
  32-18  <probationers that results in a workload unit level that does not
  32-19  exceed 100, as determined under Subsection (c) of this section>;
  32-20              (2)  for per capita funding, a per diem amount for a
  32-21  period not to exceed 182 days <as provided in the General
  32-22  Appropriations Act> for each defendant <misdemeanor probationer>
  32-23  supervised by the department pursuant to lawful authority, other
  32-24  than a felony defendant <misdemeanor probationer under supervision
  32-25  after the first anniversary of the date on which the probationer
  32-26  was placed on probation>; and
  32-27              (3)  for formula funding, an annual amount as computed
   33-1  by multiplying a <the> percentage determined by the allocation
   33-2  formula established under Section 499.071(b), Government Code <of
   33-3  institutional admissions allocated to the county or counties served
   33-4  by the department under Article 6166a-4, Revised Statutes>, times
   33-5  the total amount provided in the General Appropriations Act for
   33-6  payments under this subdivision.
   33-7        (b)  The division may use discretionary grant funds to
   33-8  further the purposes of this chapter by contracting for services
   33-9  with state agencies or nonprofit organizations.  The division may
  33-10  also make discretionary grants to departments, municipalities, or
  33-11  counties for the following purposes:
  33-12              (1)  development and operation of pretrial and
  33-13  presentencing services;
  33-14              (2)  electronic monitoring services <programs>,
  33-15  surveillance supervision <probation> programs, and controlled
  33-16  substances testing services <programs>;
  33-17              (3)  research projects to evaluate the effectiveness of
  33-18  community corrections programs, if the research is conducted in
  33-19  cooperation with the Criminal Justice Policy Council;
  33-20              (4)  contract services for felony defendants
  33-21  <probationers>;
  33-22              (5)  residential services for misdemeanor defendants
  33-23  <probationers> who exhibit levels of risk or needs indicating a
  33-24  need for confinement and treatment, as described by Section 4(b) of
  33-25  this article <Subsection (d) of this section>;
  33-26              (6)  establishment or operation of county correctional
  33-27  centers under Subchapter H, Chapter 351, Local Government Code, or
   34-1  community corrections facilities for which the division has
   34-2  established standards under Section 5 of this article<, subject to
   34-3  payment methods established under Subsection (e) of this section>;
   34-4  and
   34-5              (7)  other purposes determined appropriate by the
   34-6  division and approved by the board.
   34-7        (c)  <The division shall authorize payments under Subsection
   34-8  (a)(1) of this section only if the division determines that the
   34-9  department has made a reasonable effort to maintain workloads for
  34-10  supervising officers that do not exceed the following ratios:>
  34-11              <(1)  one officer or full-time equivalent per 25 cases,
  34-12  with a workload unit value of 4 per case, for cases requiring
  34-13  intensive supervision;>
  34-14              <(2)  one officer or full-time equivalent per 40 cases,
  34-15  with a workload unit value of 2.5 per case, for cases requiring
  34-16  maximum supervision;>
  34-17              <(3)  one officer or full-time equivalent per 75 cases,
  34-18  with a workload unit value of 1.33 per case, for cases requiring a
  34-19  medium level of supervision; and>
  34-20              <(4)  one officer or full-time equivalent per 100
  34-21  cases, with a workload unit value of 1 per case, for cases
  34-22  requiring a minimum level of supervision.>
  34-23        <(d)  The division annually shall evaluate its grant payments
  34-24  for facilities described by Section 5 of this article by applying
  34-25  risk assessment instruments developed by the division to determine
  34-26  whether persons confined exhibit levels of risk or needs that if
  34-27  not addressed through the confinement and treatment in a community
   35-1  corrections facility make it probable that the persons would pose
   35-2  unacceptable levels of threat to public safety through additional
   35-3  criminal behavior.  The division shall develop risk assessment
   35-4  instruments for use under this section not later than September 1,
   35-5  1990.>
   35-6        <(e)  The division may fund community corrections facilities
   35-7  for which standards have been established under Section 5 of this
   35-8  article:>
   35-9              <(1)  on a grant basis;>
  35-10              <(2)  on a per diem basis per person confined; or>
  35-11              <(3)  by a combination of the grant and per diem basis.>
  35-12        <(f)  The division may make payments under Subsection (e)(2)
  35-13  or (e)(3) of this section only from the residential services
  35-14  component of state aid established in the General Appropriations
  35-15  Act.>
  35-16        <(g)>  Each department, county, or municipality shall deposit
  35-17  all state aid received from the division <under this article> in a
  35-18  special fund of the county treasury or municipal treasury, as
  35-19  appropriate, to be used solely for the provision of services,
  35-20  programs, and facilities under this article or Subchapter H,
  35-21  Chapter 351, Local Government Code.
  35-22        (d)  The division shall provide state aid to each department
  35-23  on a biennial basis, pursuant to the community justice plan for the
  35-24  biennium submitted by the department.  A department with prior
  35-25  division approval may transfer funds from one program or function
  35-26  to another program or function.
  35-27        (e)  In establishing per diem payments authorized by
   36-1  Subsections (a)(1) and (a)(2) of this section, the division shall
   36-2  consider the amounts appropriated in the General Appropriations Act
   36-3  for basic supervision as sufficient to provide basic supervision in
   36-4  each year of the fiscal biennium.
   36-5        Sec. 11 <12>.  Refusal or Suspension of State Aid.  (a)  <The
   36-6  division shall adjust grant funding for facilities on the basis of
   36-7  annual evaluations made by the division under Section 11(d) of this
   36-8  article.>
   36-9        <(b)>  The division shall take one or more of the following
  36-10  actions against a department that the division determines is not in
  36-11  substantial compliance with division standards or requirements
  36-12  adopted under Sections 2 through 5 of this article:
  36-13              (1)  a reduction, refusal, or suspension of payment of
  36-14  state aid to the department; or
  36-15              (2)  an imposition of budget control over the
  36-16  department.
  36-17        (b) <(c)>  The board shall provide for notice and a hearing
  36-18  in cases in which the division proposes to take an action
  36-19  authorized by this section.  The division shall define with
  36-20  specificity the conduct that constitutes substantial noncompliance
  36-21  with division standards and shall establish the procedures to be
  36-22  used in imposing or waiving a sanction authorized by this section,
  36-23  subject to approval of the definition and the procedures by
  36-24  adoption by the board.
  36-25        <Sec. 13.  ><Pretrial Release Report><.  The Community Justice
  36-26  Assistance Division shall collect statistical information on the
  36-27  use of bail bonds, personal bonds and other types of pretrial
   37-1  release in each county of the state.  The information shall be
   37-2  collected on an annual basis and analyzed to determine the
   37-3  utilization rate for each type of release method.  The Division
   37-4  shall file a report of its findings with the Criminal Justice
   37-5  Division of the Governor's Office, the Lieutenant Governor, the
   37-6  Speaker of the House of Representatives, and the members of the
   37-7  Legislature not later than December 31 of each year.>
   37-8        <Sec. 13.  PERFORMANCE REWARDS.  (a)  The board shall
   37-9  develop, adopt, and implement a performance rewards program to
  37-10  reward each county served by a department that successfully diverts
  37-11  offenders from confinement.  In developing the program, the board
  37-12  shall consider relevant factors for each county served by a
  37-13  department.  The factors shall include but are not limited to:>
  37-14              <(1)  the personal bond utilization rate in the county;>
  37-15              <(2)  the pretrial diversion rate in the county;>
  37-16              <(3)  the deferred adjudication rate in the county;>
  37-17              <(4)  the probation rate in the county;>
  37-18              <(5)  the probation revocation rate in the county, with
  37-19  separate rates calculated for revocations based on technical
  37-20  grounds and revocations based on grounds other than technical;>
  37-21              <(6)  the utilization rate of residential and
  37-22  nonresidential diversion programs in the county;>
  37-23              <(7)  the institutional division commitment rate in the
  37-24  county;>
  37-25              <(8)  the admission per index crimes rate in the
  37-26  county; and>
  37-27              <(9)  the frequency with which and extent to which the
   38-1  county does not use all admissions to which the county is entitled
   38-2  under the allocation formula.>
   38-3        <(b)  On January 1 of each year, the division shall make the
   38-4  first of four quarterly payments to a county served by a
   38-5  department, other than a county described by Subsection (d) of this
   38-6  section, on the basis of the performance record of the county
   38-7  during the previous state fiscal year in diverting offenders from
   38-8  confinement, as documented by information requested by the division
   38-9  and provided by the department serving the county.  If a county
  38-10  qualifies for a reward under Subsection (a) of this section, the
  38-11  minimum amount that the county is entitled to receive during a
  38-12  state fiscal year is $50,000.  Each department shall provide the
  38-13  information for each county served by the department in a format
  38-14  designed by the division, and each county participating in the
  38-15  performance rewards program shall provide a plan, including a
  38-16  budget schedule, indicating to the division the manner in which the
  38-17  payment is to be used for each of the purposes described by
  38-18  Subsection (c) of this section.  The division may reject the plan,
  38-19  accept the plan, or make acceptance of the plan conditional on
  38-20  modification of the plan and monitoring of the plan by the
  38-21  division.>
  38-22        <(c)  A county that receives a payment under this section
  38-23  shall use not less than 25 percent of the payment for substance
  38-24  abuse prevention and treatment programs and may use the remainder
  38-25  of the payment for:>
  38-26              <(1)  any purposes for which state aid may be used
  38-27  under Section 11(b) of this article;>
   39-1              <(2)  implementation of the community justice plan for
   39-2  that county; or>
   39-3              <(3)  any program serving the criminal justice needs in
   39-4  the county, including certified programs for youthful offenders.>
   39-5        <(d)  The director of the institutional division shall notify
   39-6  the director of the community justice assistance division if a
   39-7  county fails to fully cooperate with employees of the institutional
   39-8  division who are evaluating inmates who are candidates for release
   39-9  on parole from the county jail.  The director of the community
  39-10  justice assistance division may not make a payment under this
  39-11  section to the county described by this subsection.  For the
  39-12  purposes of this subsection, a county fails to fully cooperate with
  39-13  employees of the institutional division if the county does not:>
  39-14              <(1)  refer candidates for release on parole from jail
  39-15  in the manner required under guidelines established by the board;>
  39-16              <(2)  provide for each candidate a certified packet
  39-17  containing all documents the county would otherwise have been
  39-18  required to deliver to the director of the institutional division
  39-19  under Section 8, Article 42.09 of this code, plus three photographs
  39-20  and three fingerprint cards;>
  39-21              <(3)  hold candidates until the candidates are denied
  39-22  parole or released on parole, unless to do so would mean the county
  39-23  failed to use all admissions allocated to the county under Section
  39-24  499.071, Government Code; or>
  39-25              <(4)  permit the employees access to inmates or inmate
  39-26  records or does not provide the employees with sufficient space to
  39-27  conduct their evaluations.>
   40-1        <(e)  The community justice assistance division annually
   40-2  shall determine for each county whether the county has a successful
   40-3  personal bond utilization rate in the county and a successful
   40-4  pretrial diversion program.  The division shall report its findings
   40-5  to the Legislative Criminal Justice Board not later than December
   40-6  31 of each year.>
   40-7        SECTION 2.02.  Article 42.131, Code of Criminal Procedure, is
   40-8  amended to read as follows:
   40-9        Art. 42.131.  COMMUNITY SUPERVISION AND CORRECTIONS
  40-10  DEPARTMENTS
  40-11        Sec. 1.  Definitions.  In this article:
  40-12              (1)  "Board" means the Texas Board of Criminal Justice.
  40-13              (2)  "Community supervision" has the meaning assigned
  40-14  by Section 2, Article 42.12, of this code.
  40-15              (3)  "Council" means a community justice council.
  40-16              (4) <(3)>  "Department" means a community supervision
  40-17  and corrections department established under this article.
  40-18              (5) <(4)>  "Division" means the community justice
  40-19  assistance division of the board.
  40-20        Sec. 2.  Establishment of Departments.  (a)  The district
  40-21  judge or district judges trying criminal cases in each judicial
  40-22  district in the state shall establish a community supervision and
  40-23  corrections department and employ district personnel as may be
  40-24  necessary to conduct presentence investigations <and risk
  40-25  assessments>, supervise and rehabilitate defendants placed on
  40-26  community supervision <probationers>, enforce the <terms and>
  40-27  conditions of community supervision <probation>, and staff
   41-1  community corrections facilities.  Both the district judges trying
   41-2  criminal cases and the judges of statutory county courts trying
   41-3  criminal cases that are served by a community supervision and
   41-4  corrections department are entitled to participate in the
   41-5  management of the department.
   41-6        (b)  If two or more judicial districts serve a county, or a
   41-7  district includes more than one county, one department shall serve
   41-8  all courts and counties in the district.  However, the board may
   41-9  adopt rules to allow more than one department in a judicial
  41-10  district that includes more than one county if providing more than
  41-11  one department will promote administrative convenience or economy
  41-12  or improve services.  The board may adopt rules allowing
  41-13  departments to contract with one another for services and
  41-14  facilities.
  41-15        Sec. 3.  <Community Corrections Facilities;> Community
  41-16  Justice Council.  (a)  <Subject to Subsection (b) of this section,
  41-17  a department, county, municipality, or any combination involving
  41-18  more than one of those entities may establish community corrections
  41-19  facilities of the types described by Section 5, Article 42.13, of
  41-20  this code.  A department, county, municipality, or combination
  41-21  involving more than one of those entities is specifically
  41-22  encouraged to purchase or enter into contracts for the use of
  41-23  abandoned or underutilized public facilities, such as rural
  41-24  hospitals, for the purpose of providing treatment facilities.  The
  41-25  division may make grants to departments that use abandoned or
  41-26  underutilized facilities described by this subsection.>
  41-27        <(b)>  A community justice council must be established by the
   42-1  district judge or judges in each jurisdiction served by a
   42-2  department, unless a board or council exists in the community on
   42-3  September 1, 1991, that performs duties substantially similar to
   42-4  those imposed on a community justice council under this section.
   42-5  The council shall provide continuing policy guidance and direction
   42-6  for the development of community <criminal> justice plans and
   42-7  community corrections facilities and programs.  A council should
   42-8  consist of the following persons or their designees:
   42-9              (1)  a sheriff of a county to be served by the
  42-10  department, chosen by the sheriffs of the counties to be served by
  42-11  the department;
  42-12              (2)  a county commissioner or a county judge from a
  42-13  county to be served by the department, chosen by the county
  42-14  commissioners and county judges of the counties to be served by the
  42-15  department;
  42-16              (3)  a city council member of the most populous
  42-17  municipality in a county to be served by the department, chosen by
  42-18  the members of the city councils of cities to be served by the
  42-19  department;
  42-20              (4)  not more than two state legislators elected from a
  42-21  county to be served by the department, chosen by the state
  42-22  legislators elected from the counties to be served by the
  42-23  department;
  42-24              (5)  the presiding judge from a judicial district to be
  42-25  served by the department, chosen by the district judges from the
  42-26  judicial districts to be served by the department;
  42-27              (6)  a judge of a statutory county court exercising
   43-1  criminal jurisdiction in a county to be served by the department,
   43-2  to be chosen by the judges of statutory county courts with criminal
   43-3  jurisdiction in the counties to be served by the department;
   43-4              (7)  a county attorney with criminal jurisdiction from
   43-5  a county to be served by the department, chosen by the county
   43-6  attorneys with criminal jurisdiction from the counties to be served
   43-7  by the department;
   43-8              (8)  a district attorney or criminal district attorney
   43-9  from a judicial district to be served by the department, chosen by
  43-10  the district attorneys or criminal district attorneys from the
  43-11  judicial districts to be served by the department; and
  43-12              (9)  an elected member of the board of trustees of an
  43-13  independent school district in a county to be served by the
  43-14  department, chosen by the members of the boards of trustees of
  43-15  independent school districts located in counties to be served by
  43-16  the department.
  43-17        (b) <(c)>  The community justice council shall appoint a
  43-18  community justice task force to provide support staff for the
  43-19  development of a community justice plan.  The task force may
  43-20  consist of any number of members, but should include:
  43-21              (1)  the county or regional director of the Texas
  43-22  Department of Human Services with responsibility for the area to be
  43-23  served by the department;
  43-24              (2)  the chief of police of the most populous
  43-25  municipality to be served by the department;
  43-26              (3)  the chief juvenile probation officer of the
  43-27  juvenile probation office serving the most populous area to be
   44-1  served by the department;
   44-2              (4)  the superintendent of the most populous school
   44-3  district to be served by the department;
   44-4              (5)  the supervisor of the Department of Public Safety
   44-5  region closest to the department, or the supervisor's designee;
   44-6              (6)  the county or regional director of the Texas
   44-7  Department of Mental Health and Mental Retardation with
   44-8  responsibility for the area to be served by the department;
   44-9              (7)  a substance abuse treatment professional appointed
  44-10  by the Council of Governments serving the area to be served by the
  44-11  department;
  44-12              (8)  the department director <chief>;
  44-13              (9)  the local or regional representative of the
  44-14  pardons and paroles division of the Texas Department of Criminal
  44-15  Justice <Board of Pardons and Paroles Division> with responsibility
  44-16  for the area to be served by the department;
  44-17              (10)  the representative of the Texas Employment
  44-18  Commission with responsibility for the area to be served by the
  44-19  department;
  44-20              (11)  the representative of the Texas Rehabilitation
  44-21  Commission with responsibility for the area to be served by the
  44-22  department;
  44-23              (12)  a licensed attorney who practices in the area to
  44-24  be served by the department and whose practice consists primarily
  44-25  of criminal law;
  44-26              (13)  a court administrator, if one serves the area to
  44-27  be served by the department;
   45-1              (14)  a representative of a community service
   45-2  organization that provides adult treatment, educational, or
   45-3  vocational services to the area to be served by the department; and
   45-4              (15)  a representative of an organization in the area
   45-5  to be served by the department that is actively involved in issues
   45-6  relating to defendants' rights, chosen by the county commissioners
   45-7  and county judges of the counties to be served by the department.
   45-8        Sec. 4.  Department Director.  The district judge or judges
   45-9  shall appoint a department director who must meet, at a minimum,
  45-10  the eligibility requirements for officers established under Section
  45-11  5 of this article.  The department director shall employ a
  45-12  sufficient number of officers and other employees to perform the
  45-13  professional and clerical work of the department.
  45-14        Sec. 5.  Standards for Officers.  (a)  Officers appointed by
  45-15  the department director must comply with a code of ethics developed
  45-16  by the division.
  45-17        (b)  To be eligible for appointment on or after September 1,
  45-18  1989, <the effective date of this Act> as an officer who supervises
  45-19  defendants placed on community supervision <probationers> a person:
  45-20              (1)  must have acquired a bachelor's degree conferred
  45-21  by an institution of higher education accredited by an accrediting
  45-22  organization recognized by the Texas Higher Education Coordinating
  45-23  Board; and
  45-24              (2)  unless the bachelor's degree is in criminology,
  45-25  corrections, counseling, law, social work, psychology, sociology,
  45-26  or a related field that has been approved by the division, must
  45-27  have:
   46-1                    (A)  one year of graduate study in one of those
   46-2  fields; or
   46-3                    (B)  one year of experience in full-time
   46-4  casework, counseling, or community or group work that has been
   46-5  approved by the division.
   46-6        (c)  A person employed as a peace officer is not eligible for
   46-7  appointment as an officer under this section.
   46-8        (d)  The division may establish a waiver procedure for
   46-9  departments unable to hire persons meeting the requirements under
  46-10  Subsection (b)(2) of this section.
  46-11        Sec. 6.  Employees; Benefits.  (a)  Except as provided by
  46-12  Subsection (c) of this section, department employees are not state
  46-13  employees.  The department shall contract with the most populous
  46-14  county served by the department for insurance and retirement plans,
  46-15  and the employees are governed by personnel policies and benefits
  46-16  equal to <the same> personnel policies for and benefits of other
  46-17  <as the> employees of that county.
  46-18        (b)  The judicial districts served by a department shall pay
  46-19  the salaries of department employees.
  46-20        (c)  Department employees are state employees for the
  46-21  purposes of Chapter 104, Civil Practice and Remedies Code, and
  46-22  Article 8309g, Revised Statutes.  A department is a governmental
  46-23  unit for the purposes of Section 101.103(a), Civil Practice and
  46-24  Remedies Code.
  46-25        (d)  The department shall provide transportation or
  46-26  automobile allowances for officers who supervise probationers.
  46-27        Sec. 7.  Public Funds <State Aid>, Grants, Gifts.  A
   47-1  department may accept public funds <state aid> and grants and gifts
   47-2  from any source for the purpose of financing programs and
   47-3  facilities.  A municipality, county, or other political subdivision
   47-4  may make grants to a department for those purposes.
   47-5        Sec. 8.  Counties' Financial Responsibilities.  (a)  The
   47-6  county or counties served by a department shall provide physical
   47-7  facilities, equipment, and utilities for a department.  The
   47-8  division shall monitor the support a county provides under this
   47-9  section and determine whether a county provides support that meets
  47-10  the standards for minimum support established by the division.  If
  47-11  the division determines that a county's support is insufficient,
  47-12  the division may impose on the department a sanction authorized by
  47-13  Section 11 <12>, Article 42.13, of this code.
  47-14        (b)  If a department serves two or more counties, those
  47-15  counties may enter into an agreement for the distribution of the
  47-16  expenses of facilities, equipment, and utilities.
  47-17        Sec. 9.  District's Financial Responsibilities.  (a)  The
  47-18  district judge or judges may expend district funds in order to
  47-19  provide expanded facilities, equipment, and utilities if:
  47-20              (1)  the department needs to increase its personnel in
  47-21  order to provide more effective services or to meet workload
  47-22  requirements established under Article 42.13 of this code;
  47-23              (2)  the county or counties certify to the judge or
  47-24  judges that they have neither adequate space in county-owned
  47-25  buildings nor adequate funds to lease additional physical
  47-26  facilities, purchase additional equipment, or pay for additional
  47-27  utilities required by the department; and
   48-1              (3)  the county or counties provide facilities,
   48-2  equipment, and utilities at or above the levels required by the
   48-3  division.
   48-4        (b)  The division shall set as the level of contribution a
   48-5  county or counties must meet or exceed to receive district funds
   48-6  under Subsection (a) of this section a level not lower than the
   48-7  average level provided by the county or counties during the fiscal
   48-8  year in which the funds are to be received and the four fiscal
   48-9  years immediately preceding that year <fiscal years of 1983-87>.
  48-10        Sec. 10.  State Funds or Guarantees for Corrections
  48-11  Facilities.  (a)  In this section:
  48-12              (1)  "Community corrections facility" has the meaning
  48-13  assigned by Section 1(b), Article 42.13, of this code.
  48-14              (2)  "State jail felony facility" means a facility
  48-15  operated or contracted for by the state jail division under
  48-16  Subchapter A, Chapter 507, Government Code.
  48-17        (b)  A department, county, municipality, or a combination
  48-18  involving more than one of those entities may establish a community
  48-19  corrections facility and are specifically encouraged to purchase or
  48-20  enter into a contract for the use of abandoned or underutilized
  48-21  public facilities, such as former military bases and rural
  48-22  hospitals, for the purpose of providing community corrections
  48-23  facilities.
  48-24        (c)  The district judge or judges may authorize expenditures
  48-25  of funds provided by the division to the department for the
  48-26  purposes of providing facilities, equipment, and utilities for
  48-27  community corrections facilities or state jail felony facilities
   49-1  if:
   49-2              (1)  the community justice council recommends the
   49-3  expenditures; and
   49-4              (2)  the division, or the state jail division in the
   49-5  case of a state jail felony facility, provides funds for the
   49-6  purpose of assisting in the establishment or improvement of the
   49-7  facilities.
   49-8        (d)  A department may acquire, hold title to, and own real
   49-9  property for the purpose of establishing a community corrections
  49-10  facility or a state jail felony facility.
  49-11        (e)  A department, county, municipality, or a combination
  49-12  involving more than one of those entities may not use a facility or
  49-13  real property purchased, acquired, or improved with state funds
  49-14  unless the division, or the state jail division in the case of a
  49-15  state jail felony facility, first approves the use.
  49-16        (f)  The division or the state jail division, in the case of
  49-17  a state jail felony facility, is entitled to reimbursement from an
  49-18  entity described by Subsection (e) of this section of all state
  49-19  funds used by the entity without division approval as required by
  49-20  Subsection (e) of this section.
  49-21        Sec. 11.  PRETRIAL SERVICES.  (a)  The department may operate
  49-22  programs for the supervision and rehabilitation of persons in
  49-23  pretrial intervention programs.  Programs may include testing for
  49-24  controlled substances.  Persons in pretrial intervention programs
  49-25  may be supervised for a period not to exceed one year.
  49-26        (b)  The department may use money deposited in the special
  49-27  fund of the county treasury for the department under Article
   50-1  103.004(b) of this code only for the same purposes for which state
   50-2  aid may be used under this article.
   50-3        Sec. 12.  RESTITUTION.  (a)  If a judge requires a defendant
   50-4  to make restitution to a victim of the defendant's offense, and a
   50-5  payment is received under this article from the defendant for
   50-6  transmittal to a victim of the offense, the community supervision
   50-7  and corrections department that receives the payment for
   50-8  disbursement to the victim shall immediately deposit the payment in
   50-9  an interest-bearing account in the department having original
  50-10  jurisdiction.  The department shall transmit the payment to the
  50-11  victim as soon as practicable.
  50-12        (b)  If a victim cannot be located, immediately after
  50-13  receiving a final payment in satisfaction of an order of
  50-14  restitution for the victim the department shall attempt to notify
  50-15  the victim of that fact by certified mail, mailed to the last known
  50-16  address of the victim.  If a victim then makes a claim for payment,
  50-17  the department promptly shall remit the payment to the victim.  Not
  50-18  earlier than the fifth anniversary of the date on which the
  50-19  department mails notice under this subsection, if the victim has
  50-20  not made a claim for payment, the department shall transfer the
  50-21  payment from the interest-bearing account to the comptroller of
  50-22  public accounts, after deducting five percent of the payment as a
  50-23  collection fee and deducting any interest accrued on the payment.
  50-24  The comptroller shall deposit the payment in the state treasury to
  50-25  the credit of the compensation to victims of crime auxiliary fund.
  50-26        (c)  The collection fee under Subsection (b) of this section
  50-27  and the accrued interest under Subsections (a) and (b) of this
   51-1  section shall be deposited in the special fund of the county
   51-2  treasury provided by Section 10, Article 42.13, of this code to be
   51-3  used for the same purposes for which state aid may be used under
   51-4  that section.  The department has a maximum of 121 days after the
   51-5  four-year expiration date to transfer the funds to the
   51-6  comptroller's office.  Failure to comply with the 121-day deadline
   51-7  will result in a five percent collection fee penalty calculated
   51-8  from the total deposit and all interest attributable to the
   51-9  unclaimed funds.
  51-10        (d)  If the victim of the offense claims the payment during
  51-11  the four-year period in which the payment is held in the
  51-12  interest-bearing account, the department shall pay the victim the
  51-13  amount of the original payment, less any interest earned while
  51-14  holding the payment.  After the payment has been transferred to the
  51-15  comptroller, the department has no liability in regard to the
  51-16  payment, and any claim for the payment must be made to the
  51-17  comptroller.  If the victim makes a claim to the comptroller, the
  51-18  comptroller shall pay the victim the amount of the original
  51-19  payment, less the collection fee, from the compensation to victims
  51-20  of crime auxiliary fund.
  51-21        Sec. 13.  PROGRAM TO ASSESS AND ENHANCE DEFENDANT'S
  51-22  EDUCATIONAL AND VOCATIONAL SKILLS.  (a)  A department, with the
  51-23  assistance of public school districts, community and public junior
  51-24  colleges, public and private institutions of higher education, and
  51-25  other appropriate public and private entities, may establish a
  51-26  developmental program for a defendant under the supervision of the
  51-27  department on the basis of information obtained in the presentence
   52-1  investigation report prepared for the defendant.
   52-2        (b)  The developmental program may provide the defendant with
   52-3  the educational and vocational training necessary to:
   52-4              (1)  meet the average skill level of students who have
   52-5  completed the sixth grade in public schools in this state; and
   52-6              (2)  maintain employment while under the supervision of
   52-7  the department, to lessen the likelihood that the defendant will
   52-8  commit additional offenses.
   52-9        (c)  To decrease expenditures by community supervision and
  52-10  corrections departments for the educational and vocational skills
  52-11  assessment and enhancement program established under this section,
  52-12  the Texas Department of Commerce shall provide information to
  52-13  departments, public school districts, community and public junior
  52-14  colleges, public and private institutions of higher education, and
  52-15  other appropriate public and private entities for obtaining
  52-16  financial assistance through the Texas Job-Training Partnership Act
  52-17  (Article 4413(52), Vernon's Texas Civil Statutes) and other
  52-18  applicable programs of public or private entities.
  52-19        SECTION 2.03.  (a)  Section 493.003(b), Government Code, is
  52-20  amended to read as follows:
  52-21        (b)  The chief justice of the Supreme Court of Texas and the
  52-22  presiding judge of the Texas Court of Criminal Appeals shall each
  52-23  appoint six members to serve as the judicial advisory council to
  52-24  the community justice assistance division and the board.  The
  52-25  advisory council members serve staggered six-year terms, with the
  52-26  terms of four of the members expiring February 1 of each
  52-27  odd-numbered year.  In the event of a vacancy during a term, the
   53-1  appointing authority for the member who vacated the office shall
   53-2  appoint a replacement to fill the unexpired portion of the term <at
   53-3  the will of the appointing judge>.  The advisory council shall
   53-4  advise the director of the community justice assistance division
   53-5  and the board on matters of interest to the judiciary, and the
   53-6  director and the board shall carefully consider the advice.
   53-7  Members of the advisory council are not entitled to compensation
   53-8  but are entitled to reimbursement for actual and necessary expenses
   53-9  in the conduct of their duties, as provided by the General
  53-10  Appropriations Act.
  53-11        (b)  The change in the terms of the members of the judicial
  53-12  advisory council to the community justice assistance division of
  53-13  the Texas Department of Criminal Justice and the Texas Board of
  53-14  Criminal Justice, as required by the amendment to Section
  53-15  493.003(b), Government Code, made by Subsection (a) of this
  53-16  section, shall occur in the manner provided by this subsection.
  53-17  The chief justice of the Supreme Court of Texas and the presiding
  53-18  judge of the Texas Court of Criminal Appeals shall appoint the
  53-19  initial members of the six-year term advisory council on or before
  53-20  January 1, 1994, and on the date of appointment the terms of the
  53-21  members serving at-will terms expire.  Of the members, the chief
  53-22  justice and the presiding judge each shall appoint four to serve
  53-23  terms expiring February 1, 1995, four to serve terms expiring
  53-24  September 1, 1997, and four to serve terms expiring September 1,
  53-25  1999.  On expiration of those terms, the term of a member is six
  53-26  years, as provided by Section 493.003(b).
  53-27        SECTION 2.04.  (a)  Subsections (a) and (d), Article 102.011,
   54-1  Code of Criminal Procedure, are amended to read as follows:
   54-2        (a)  A defendant convicted of a felony or a misdemeanor shall
   54-3  pay the following fees for services performed in the case by a
   54-4  peace officer:
   54-5              (1)  $5 for issuing a written notice to appear in court
   54-6  following the defendant's violation of a traffic law, municipal
   54-7  ordinance, or penal law of this state, or for making an arrest
   54-8  without a warrant;
   54-9              (2)  $35 for executing or processing an issued arrest
  54-10  warrant or capias, with the fee imposed for the services of:
  54-11                    (A)  the law enforcement agency that executed the
  54-12  arrest warrant or capias, if the agency requests of the court, not
  54-13  later than the 15th day after the date of the execution of the
  54-14  arrest warrant or capias, the imposition of the fee on conviction;
  54-15  or
  54-16                    (B)  the law enforcement agency that processed
  54-17  the arrest warrant or capias, if the executing law enforcement
  54-18  agency failed to request the fee within the period required by
  54-19  Paragraph (A) of this subdivision;
  54-20              (3)  $5 for summoning a witness;
  54-21              (4)  $35 for serving a writ not otherwise listed in
  54-22  this article;
  54-23              (5)  $10 for taking and approving a bond and, if
  54-24  necessary, returning the bond to the courthouse;
  54-25              (6)  $5 for commitment or release;
  54-26              (7)  $5 for summoning a jury, if a jury is summoned;
  54-27  and
   55-1              (8)  $8 for each day's attendance of a prisoner in a
   55-2  habeas corpus case if the prisoner has been remanded to custody or
   55-3  held to bail.
   55-4        (d)  A defendant shall pay for the services of a sheriff or
   55-5  constable who serves process and attends an examining trial in a
   55-6  felony or a misdemeanor case the same fees allowed for those
   55-7  services in the trial of a felony or a misdemeanor, not to exceed
   55-8  $5.
   55-9        (b)  The change in law made by Subsection (a) of this section
  55-10  to Article 102.011, Code of Criminal Procedure, applies only to a
  55-11  service performed in a felony case on or after the effective date
  55-12  of this article.
  55-13        SECTION 2.05.  Article 103.009, Code of Criminal Procedure,
  55-14  is amended to read as follows:
  55-15        Art. 103.009.  Fee Records <Books>.  (a)  Each clerk of a
  55-16  court, county judge, justice of the peace, sheriff, constable, and
  55-17  marshal shall keep a fee record <book>.  The record <fee book> must
  55-18  contain:
  55-19              (1)  a statement of each fee or item of cost charged
  55-20  for a service rendered in a criminal action or proceeding;
  55-21              (2)  the number and style of the action or proceeding;
  55-22  and
  55-23              (3)  the name of the officer or person who is entitled
  55-24  to receive the fee.
  55-25        (b)  Any person may inspect a fee record <book> described by
  55-26  Subsection (a).
  55-27        (c)  A statement of an item of cost in a fee record <book> is
   56-1  prima facie evidence of the correctness of the statement.
   56-2        (d)  The county shall provide <fee books> to officers
   56-3  required to keep a fee record <the books> by this article equipment
   56-4  and supplies necessary to keep the record.
   56-5        SECTION 2.06.  This article takes effect September 1, 1993.
   56-6                               ARTICLE 3
   56-7        SECTION 3.01.  Section 493.009, Government Code, is amended
   56-8  to read as follows:
   56-9        Sec. 493.009.  SUBSTANCE ABUSE FELONY PUNISHMENT FACILITIES.
  56-10  (a)  The department, <through the community justice assistance
  56-11  division and the pardons and paroles division and> with the
  56-12  cooperation of the Texas Commission on Alcohol and Drug Abuse,
  56-13  shall establish a program to confine and treat defendants required
  56-14  to participate in the program under Section 14, Article 42.12, Code
  56-15  of Criminal Procedure <punished under Section 12.422, Penal Code>.
  56-16        (b)  The board shall adopt criteria to determine the
  56-17  suitability of candidates for participation in the program.  The
  56-18  department and the Texas Commission on Alcohol and Drug Abuse shall
  56-19  jointly develop methods of screening and assessing defendants
  56-20  required to participate in the program under Section 14, Article
  56-21  42.12, Code of Criminal Procedure <inmates sentenced under Section
  56-22  12.422, Penal Code>, to determine their need for specific types of
  56-23  treatment for alcohol or drug abuse problems.
  56-24        (c)  The program for persons required to participate in the
  56-25  program under Section 14, Article 42.12, Code of Criminal Procedure
  56-26  <sentenced under Section 12.422, Penal Code>, must consist of
  56-27  treatment programs that may vary in time from six months to 12
   57-1  months.  The department shall also establish and provide treatment
   57-2  programs for persons in categories described by Subsections
   57-3  (g)(1)-(3) who are housed in beds otherwise provided for persons
   57-4  required to participate in the program under Section 14, Article
   57-5  42.12, Code of Criminal Procedure <sentenced under Section 12.422,
   57-6  Penal Code>.
   57-7        (d)  The program for persons required to participate in the
   57-8  program under Section 14, Article 42.12, Code of Criminal Procedure
   57-9  <sentenced under Section 12.422, Penal Code>, provided under this
  57-10  section must contain highly structured work, education, and
  57-11  treatment schedules, a clearly delineated authority structure, and
  57-12  well-defined goals and guidelines.  The department shall establish
  57-13  a graded system of rewards and sanctions for defendants <inmates>
  57-14  who participate in the program, but a defendant required to
  57-15  participate in the program under Section 14, Article 42.12, Code of
  57-16  Criminal Procedure <sentenced under Section 12.422, Penal Code>, is
  57-17  not entitled to earn awards of time for good conduct.  A qualified
  57-18  professional, at least every 60 days, must perform an evaluation on
  57-19  a defendant<, other than a defendant whose underlying offense is an
  57-20  offense under Article 6701l-1, Revised Statutes,> that determines
  57-21  the defendant's treatment progress and institutional behavior.
  57-22  <The professional must perform the evaluation on a defendant whose
  57-23  underlying offense is an offense under Article 6701l-1, Revised
  57-24  Statutes, at least every 28 days.>  Not later than three days after
  57-25  the date on which a four-month evaluation is performed, <or in the
  57-26  case of a defendant whose underlying offense is an offense under
  57-27  Article 6701l-1, Revised Statutes, three days after the date on
   58-1  which a 28-day evaluation is performed,> the qualified professional
   58-2  shall establish a tentative release date for the defendant, notify
   58-3  the sentencing court of that fact, and include with the notice a
   58-4  copy of the four-month <or 28-day> evaluation<, as appropriate>.
   58-5  The qualified professional immediately shall notify the court if
   58-6  the professional determines the defendant's conduct requires a
   58-7  revision of the tentative release date.
   58-8        (e)  The department shall contract through the Texas
   58-9  Commission on Alcohol and Drug Abuse with <nonprofit> organizations
  58-10  to provide qualified professionals to implement the program for
  58-11  persons required to participate in the program under Section 14,
  58-12  Article 42.12, Code of Criminal Procedure <sentenced under Section
  58-13  12.422, Penal Code>.  For purposes of this subsection, a "qualified
  58-14  professional" is a person who:
  58-15              (1)  is a certified alcohol and drug abuse counselor;
  58-16              (2)  is a certified social worker or advanced clinical
  58-17  practitioner and who has at least two years of experience in
  58-18  chemical dependency counseling; or
  58-19              (3)  is a licensed professional counselor, physician,
  58-20  or psychologist and who has at least two years of experience in
  58-21  chemical dependency counseling.
  58-22        (f)(1)  The department shall adopt rules of conduct <for
  58-23  inmates participating in the program> for persons required to
  58-24  participate in the program under Section 14, Article 42.12, Code of
  58-25  Criminal Procedure, or required to participate in the program
  58-26  following modification of probation or parole <sentenced under
  58-27  Section 12.422, Penal Code>.
   59-1              (2)  If the qualified professional with primary
   59-2  responsibility for treating a defendant and the individual in
   59-3  charge of security in the facility in which the defendant is housed
   59-4  jointly determine that the defendant is not complying with the
   59-5  rules or is medically or psychologically unsuitable for the
   59-6  program, they shall notify the department of that fact.
   59-7              (3)  The department, immediately on receiving notice,
   59-8  shall request the sentencing court to reassume custody of the
   59-9  defendant if the defendant was required to participate in the
  59-10  program under Section 14, Article 42.12, Code of Criminal
  59-11  Procedure, or required to participate in the program following
  59-12  modification of probation.  The court shall reassume custody before
  59-13  the 12th day after the date on which the department notifies the
  59-14  court.  If the court revokes the defendant's probation, the
  59-15  admission of the defendant to the institutional division is an
  59-16  admission for which the county from which the defendant was
  59-17  sentenced is charged under the allocation formula established under
  59-18  Section 499.071.
  59-19              (4)  The department, immediately on receiving notice,
  59-20  shall request the pardons and paroles division to reassume custody
  59-21  of the defendant if the defendant was required to participate in
  59-22  the program following modification of parole.  The pardons and
  59-23  paroles division shall immediately take action in accordance with
  59-24  established policies and procedures of the Board of Pardons and
  59-25  Paroles to remove the defendant from the program.  If a parole
  59-26  panel revokes the defendant's parole, the admission of the
  59-27  defendant to the institutional division is an admission for which
   60-1  the county from which the defendant was sentenced is charged under
   60-2  the allocation formula established under Section 499.071.
   60-3              (5)  If the defendant was transferred to the facility
   60-4  from a county jail under Subsection (l), the department shall
   60-5  return the defendant to the county jail.
   60-6              (6)  A court's recommendation that a defendant be
   60-7  placed in a program created under this section does not give the
   60-8  court the power to hold the department or any officer or employee
   60-9  of the department in contempt of court for failure to adhere to
  60-10  that recommendation.
  60-11        (g)  The department shall provide 12,000 beds for the purpose
  60-12  of operating the program for persons required to participate in the
  60-13  program under Section 14, Article 42.12, Code of Criminal Procedure
  60-14  <sentenced under Section 12.422, Penal Code>, except that the beds
  60-15  may also be used to house the following categories of persons:
  60-16              (1)  persons transferred under Subchapter A, Chapter
  60-17  499, Government Code, and Section 8(i), Article 42.18, Code of
  60-18  Criminal Procedure;
  60-19              (2)  persons whose probation or parole has been
  60-20  modified <or revoked>; and
  60-21              (3)  defendants <inmates> confined in county jails
  60-22  awaiting transfer to the institutional division.
  60-23        (h)  On and after the date persons are required under Section
  60-24  14, Article 42.12, Code of Criminal Procedure <sentenced under
  60-25  Section 12.422, Penal Code, to participate in the program
  60-26  established under this section>, the department shall give priority
  60-27  to housing those persons over the categories of persons described
   61-1  by Subsections (g)(1)-(3).
   61-2        (i)  The department shall make quarterly reports to the
   61-3  Legislative Criminal Justice Board that show the ratio of persons
   61-4  in beds reserved under Subsection (g) who have been required to
   61-5  participate in the program under Section 14, Article 42.12, Code of
   61-6  Criminal Procedure <sentenced under Section 12.422, Penal Code>, to
   61-7  persons in those beds who have been sent to the facilities by other
   61-8  methods.
   61-9        (j)  The department shall recover from a program participant
  61-10  the cost to the department of providing treatment, to the extent
  61-11  the participant has insurance that covers the treatment or is
  61-12  otherwise able to pay for the treatment.
  61-13        (k)  It is the intent of the legislature that facilities
  61-14  established under this section be used primarily to house persons
  61-15  required to participate in the program under Section 14, Article
  61-16  42.12, Code of Criminal Procedure <sentenced under Section 12.422,
  61-17  Penal Code>, except that if treatment beds are empty, this
  61-18  subsection does not prohibit the department from using those empty
  61-19  beds to treat the categories of persons listed in Subsection (g).
  61-20        (l)  The department shall identify defendants <inmates>
  61-21  confined in county jails who are awaiting transfer to the
  61-22  institutional division and who because of their need for treatment
  61-23  of drug or alcohol problems require transfer to a substance abuse
  61-24  felony punishment facility.  The department shall provide for the
  61-25  transportation of the defendant <may order the county to transfer
  61-26  an inmate> to such a facility.  If the board finds that a county
  61-27  has failed to fully cooperate with the department in evaluating
   62-1  defendants <and transferring inmates> under this section, the board
   62-2  shall notify the Commission on Jail Standards of that fact.  On
   62-3  notice from the board, the commission may reduce or suspend
   62-4  payments under Subchapter F, Chapter 499, or may suspend the
   62-5  certification of the county jail as provided by Section 511.012.
   62-6        (m)  Notwithstanding any other provision of this section, the
   62-7  department is authorized to provide substance abuse felony
   62-8  punishment facilities, not to exceed 500 beds, for newly provided
   62-9  alcohol and drug abuse beds exclusively for persons whose probation
  62-10  or parole has been modified <or revoked>.
  62-11        (n)  The department shall separate participants in the
  62-12  program created under this section from inmates of the
  62-13  institutional division, except at times determined necessary by the
  62-14  department for the purpose of transportation or staging or for
  62-15  medical or security reasons.
  62-16        (o)  If a defendant required to participate in the program
  62-17  under Section 14, Article 42.12, Code of Criminal Procedure, is
  62-18  released after successful completion of the program, the Texas
  62-19  Commission on Alcohol and Drug Abuse shall contract for
  62-20  transportation of the participant at the expense of the commission
  62-21  to an appropriate continuum of care program.
  62-22        (p)  To the extent funds are available, the Criminal Justice
  62-23  Policy Council, with the assistance of the Texas Commission on
  62-24  Alcohol and Drug Abuse and the department, shall develop methods to
  62-25  evaluate the processes used by the department in providing the
  62-26  program and the level of success achieved by the program.
  62-27        SECTION 3.02.  Section 501.0931, Government Code, is amended
   63-1  by amending Subsections (c), (d), (g), (h), and (j), and by adding
   63-2  Subsection (k) to read as follows:
   63-3        (c)  The program must consist of a <three-month and a
   63-4  six-month> treatment program of indeterminate length, not to exceed
   63-5  12 months.  The institutional division shall make a referral of an
   63-6  inmate to a program based on the severity of the substance abuse
   63-7  problem, eligibility of the inmate, and the availability of
   63-8  treatment space.  An inmate who has not more than 12 <six> months
   63-9  remaining in the inmate's sentence before the earliest date the
  63-10  inmate is eligible for parole is eligible for the <three-month>
  63-11  program.  <An inmate who has not more than one year remaining in
  63-12  the inmate's sentence before the earliest date the inmate is
  63-13  eligible for parole is eligible for the six-month program.>
  63-14        (d)  The institutional division shall separate inmates <who
  63-15  participate in the three-month program from inmates who participate
  63-16  in the six-month program and shall separate inmates> participating
  63-17  in the program from the general population of the division and
  63-18  house the inmates in discrete units or areas within units, except
  63-19  during the diagnostic process or at other times determined to be
  63-20  necessary by the division for medical or security purposes.  The
  63-21  institutional division shall separate an inmate who successfully
  63-22  completes the program from the general population of the division
  63-23  during any period after completion and before the inmate is
  63-24  discharged or released on parole or mandatory supervision from the
  63-25  department.
  63-26        (g)  The institutional division shall adopt:
  63-27              (1)  a procedure for determining which eligible inmates
   64-1  are the best candidates for participation in the program, with
   64-2  priority for those eligible inmates who volunteer; and
   64-3              (2)  rules of conduct for inmates participating in the
   64-4  program.
   64-5        (h)  If the qualified professional implementing the program
   64-6  <institutional division> determines that an inmate is not complying
   64-7  with the rules of the program, the qualified professional shall
   64-8  notify the institutional division of that fact and the
   64-9  institutional division shall <may> end the inmate's participation
  64-10  in the program and transfer the inmate out of the program.
  64-11        (j)  Neither the institutional division nor a qualified
  64-12  professional implementing the program may operate the program in a
  64-13  manner that automatically excludes inmates who do not volunteer to
  64-14  participate, and the division and the treatment provider shall
  64-15  attempt to encourage nonvolunteer inmates to participate  <The
  64-16  department shall require an inmate who participates in a treatment
  64-17  program to participate in a drug or alcohol abuse after-care
  64-18  program as a condition of parole after the inmate is released from
  64-19  the institutional division>.
  64-20        (k)  If funding is available, the Criminal Justice Policy
  64-21  Council, with the assistance of the institutional division, shall
  64-22  develop methods to evaluate the processes used by the division in
  64-23  providing the program and the level of success achieved by the
  64-24  program.
  64-25        SECTION 3.03.  Section 8, Article 42.18, Code of Criminal
  64-26  Procedure, is amended by amending Subsection (g) and adding
  64-27  Subsection (g-1) to read as follows:
   65-1        (g)  The board <Texas Board of Criminal Justice> may adopt
   65-2  such other reasonable rules not inconsistent with law as it may
   65-3  deem proper or necessary with respect to the eligibility of
   65-4  prisoners for parole and mandatory supervision, the conduct of
   65-5  parole and mandatory supervision hearings, or conditions to be
   65-6  imposed upon parolees and persons released to mandatory
   65-7  supervision.  Each person to be released on parole shall be
   65-8  furnished a contract setting forth in clear and intelligible
   65-9  language the conditions and rules of parole.  The parole panel may
  65-10  include as a condition of parole or mandatory supervision any
  65-11  condition that a court may impose on a defendant placed on
  65-12  community supervision <probationer> under Article 42.12 of this
  65-13  code, including the condition that the person released submit to
  65-14  testing for controlled substances or submit to electronic
  65-15  monitoring if the parole panel determines that absent testing for
  65-16  controlled substances or participation in an electronic monitoring
  65-17  program the person would not be released on parole.  Acceptance,
  65-18  signing, and execution of the contract by the inmate to be paroled
  65-19  shall be a precondition to release on parole.  Persons released on
  65-20  mandatory supervision shall be furnished a written statement
  65-21  setting forth in clear and intelligible language the conditions and
  65-22  rules of mandatory supervision.  The parole panel may also require
  65-23  as a condition of parole or release to mandatory supervision that
  65-24  the person make payments in satisfaction of damages the person is
  65-25  liable for under Section 500.002, Government Code <Article 6184p,
  65-26  Revised Statutes>.  The parole panel shall require as a condition
  65-27  of parole or mandatory supervision that the person register under
   66-1  Article 6252-13c.1, Revised Statutes.  The parole panel shall
   66-2  require as a condition of parole or mandatory supervision that an
   66-3  inmate who immediately before release is a participant in the
   66-4  program established under Section 501.0931, Government Code,
   66-5  participate in a drug or alcohol abuse continuum of care treatment
   66-6  program.
   66-7        (g-1)  The Texas Commission on Alcohol and Drug Abuse shall
   66-8  develop the continuum of care treatment program.
   66-9        SECTION 3.04.  This article takes effect September 1, 1993.
  66-10                               ARTICLE 4
  66-11        SECTION 4.01.  Section 499.0021(b), Government Code, is
  66-12  amended to read as follows:
  66-13        (b)  The pardons and paroles division may assume custody of
  66-14  an inmate who is eligible for transfer under this section not
  66-15  earlier than one year before the inmate's presumptive parole date.
  66-16  The inmate becomes a pre-parolee on the date the pardons and
  66-17  paroles division assumes custody, and the pardons and paroles
  66-18  division immediately shall transfer the pre-parolee to a facility
  66-19  under contract with the division, which may be a community
  66-20  residential facility, a community corrections facility listed in
  66-21  Section 1(b) <6(b)>, Article 42.13, Code of Criminal Procedure, or
  66-22  a county correctional facility.  A pre-parolee transferred under
  66-23  this section is considered to be in the actual physical custody of
  66-24  the pardons and paroles division.
  66-25        SECTION 4.02.  Section 499.003(d), Government Code, is
  66-26  amended to read as follows:
  66-27        (d)  The pardons and paroles division may request of a
   67-1  sheriff that the sheriff forward to the pardons and paroles
   67-2  division  copies of any records possessed by the sheriff that are
   67-3  relevant to the pardons and paroles division in its determination
   67-4  as to whether to transfer a person from the county jail to a secure
   67-5  community residential facility, and the pardons and paroles
   67-6  division shall request the sheriff to forward to the institutional
   67-7  division and to the pardons and paroles division the information
   67-8  relating to the defendant the sheriff would be required under
   67-9  Section 8, Article 42.09, Code of Criminal Procedure, to deliver to
  67-10  the institutional division had the defendant been transferred to
  67-11  the institutional division.  The pardons and paroles division
  67-12  shall determine whether the information forwarded by the sheriff
  67-13  contains a thumbprint taken <fingerprint> from the person in the
  67-14  manner provided by Article 38.33, Code of Criminal Procedure, and,
  67-15  if not, the pardons and paroles division shall obtain a thumbprint
  67-16  in the manner provided by that article <10-finger print from the
  67-17  person, either by use of the ink-rolled print method or by use of a
  67-18  live-scanning device that prints the fingerprint on paper>, and
  67-19  shall forward the thumbprint <10-finger print> to the institutional
  67-20  division for inclusion with the information sent by the sheriff.
  67-21  The sheriff shall comply with a request from the pardons and
  67-22  paroles division made under this subsection.
  67-23        SECTION 4.03.  The section heading of Section 499.052,
  67-24  Government Code, is amended to read as follows:
  67-25        Sec. 499.052.  STATE BOOT CAMP <ALTERNATIVE INCARCERATION>
  67-26  PROGRAM <For Probationers>.
  67-27        SECTION 4.04.  The subchapter heading of Subchapter D,
   68-1  Chapter 499, Government Code, is amended to read as follows:
   68-2             SUBCHAPTER D.  ALLOCATION FORMULAS <FORMULA>
   68-3        SECTION 4.05.  Section 499.071, Government Code, is amended
   68-4  to read as follows:
   68-5        Sec. 499.071.  ALLOCATION FORMULA.  (a)  The board shall
   68-6  <develop,> adopt<,> and enforce an allocation formula that fairly
   68-7  and equitably allocates to each county <or group of counties served
   68-8  by a community corrections and supervision department> the number
   68-9  of institutional division admissions allocated to the county <or
  68-10  counties> until sufficient capacity is available in the
  68-11  institutional division.  In devising the formula, the board shall
  68-12  consider relevant factors for each county <or group of counties>
  68-13  served by a department and shall assign weights to those factors as
  68-14  determined appropriate by the board.  The factors shall include but
  68-15  are not limited to:
  68-16              (1)  the percentage of prison admissions for the entire
  68-17  state that were used by the county <or counties> in the preceding
  68-18  12 months;
  68-19              (2)  the percentage of the state's violent index crime
  68-20  that occurred in the county <or counties> in the preceding 12
  68-21  months;
  68-22              (3)  the percentage of the state's total index crime
  68-23  that occurred in the county <or counties> in the preceding 12
  68-24  months;
  68-25              (4)  the percentage of the state's total arrests under
  68-26  Chapter 481, Health and Safety Code, that occurred in the county
  68-27  <or counties> in the preceding 12 months;
   69-1              (5)  the percentage of the state's population residing
   69-2  in the county <or counties>;
   69-3              (6)  the percentage of the state's total unemployment
   69-4  in the county <or counties>; and
   69-5              (7)  the percentage of all defendants serving sentences
   69-6  for felonies who were paroled from the institutional division, a
   69-7  jail in this state, a federal correctional institution, or a jail
   69-8  or correctional institution in another state in the preceding 12
   69-9  months and who were released to reside in the county <or counties>.
  69-10        (b)  The board shall adopt and enforce an allocation formula
  69-11  that fairly and equitably allocates community corrections program
  69-12  funding to each community supervision and corrections department,
  69-13  in the manner provided by Section 10(a)(3), Article 42.13, Code of
  69-14  Criminal Procedure.  In devising the formula, the board shall use
  69-15  the factors listed in Subsection (a), but may assign different
  69-16  weights to those factors than those used in developing the
  69-17  admissions allocation formula.  The board also may use factors not
  69-18  listed in Subsection (a) in devising the formula under this
  69-19  subsection.
  69-20        (c)  If the board is unable to obtain for a factor listed in
  69-21  Subsection (a) information for the preceding 12-month period, the
  69-22  board shall consider the most recent information available for that
  69-23  factor.
  69-24        (d) <(c)>  The board shall revise each <the> formula
  69-25  annually.
  69-26        SECTION 4.06.  Section 5(a), Chapter 696, Acts of the 70th
  69-27  Legislature, Regular Session, 1987 (Article 601d-1, Vernon's Texas
   70-1  Civil Statutes), is amended to read as follows:
   70-2        (a)  The authority may issue revenue bonds and distribute
   70-3  bond proceeds to appropriate agencies for use for acquiring,
   70-4  constructing, or equipping new facilities or for major repair or
   70-5  renovation of existing facilities, corrections institutions
   70-6  including facilities authorized by Section 495.001(a), Government
   70-7  Code, facilities authorized by Section 495.021(a), Government Code,
   70-8  criminal justice facilities for the Texas Department of Criminal
   70-9  Justice, including youth corrections institutions, and mental
  70-10  health and mental retardation institutions.  The proceeds may be
  70-11  used to refinance an existing obligation for a purpose described by
  70-12  this subsection.
  70-13        SECTION 4.07.  Section 493.012, Government Code, is amended
  70-14  to read as follows:
  70-15        Sec. 493.012.  HISTORICALLY UNDERUTILIZED <DISADVANTAGED>
  70-16  BUSINESSES.  (a)  The board and the department each shall make a
  70-17  good faith effort to assist historically underutilized
  70-18  <disadvantaged> businesses to receive at least 30 <20> percent of
  70-19  the total value of:
  70-20              (1)  each construction contract awarded for
  70-21  construction, purchase of supplies, materials, services, and
  70-22  equipment that the board and the department expect to make; and
  70-23              (2)  contracts awarded for operation, maintenance, or
  70-24  management <in connection with construction funded by the issuance
  70-25  of bonds>.
  70-26        (b)  The board and the department each shall annually report
  70-27  to the legislature and the governor on the level of historically
   71-1  underutilized <disadvantaged> business participation in board and
   71-2  department contracts.  The report shall include:
   71-3              (1)  names and locations of the historically
   71-4  underutilized businesses participating in contracts;
   71-5              (2)  types of services conducted by the historically
   71-6  underutilized businesses participating in contracts;
   71-7              (3)  a description of the type of recruitment strategy
   71-8  used to attract historically underutilized businesses; and
   71-9              (4)  recommendations for the improvement of
  71-10  historically underutilized <disadvantaged> business opportunities
  71-11  with the board and the department.
  71-12        (c)  In this section, "historically underutilized business"
  71-13  means:
  71-14              (1)  a business entity formed for the purpose of making
  71-15  a profit of which at least 51 percent is owned by one or more
  71-16  persons who are socially disadvantaged because of their
  71-17  identification as members of certain groups, including women,
  71-18  African Americans, Hispanic Americans, Native Americans, and Asian
  71-19  Americans, who have suffered the effects of discriminatory
  71-20  practices or similar insidious circumstances over which they have
  71-21  no control; or
  71-22              (2)  a corporation formed for the purpose of making a
  71-23  profit in which at least 51 percent of all classes of the shares of
  71-24  stock or other equitable securities is owned by one or more persons
  71-25  described by Subdivision (1).  Those persons must have
  71-26  proportionate interest in the control, operation, and management of
  71-27  the corporation's affairs.  <"disadvantaged business" has the
   72-1  meaning assigned by Section 1.02, State Purchasing and General
   72-2  Services Act (Article 601b, Vernon's Texas Civil Statutes).>
   72-3        SECTION 4.08.  Chapter 494, Government Code, is amended by
   72-4  adding Section 494.011 to read as follows:
   72-5        Sec. 494.011.  SEAL OF INSTITUTIONAL DIVISION.  (a)  The
   72-6  institutional division shall use an official seal to certify
   72-7  documents received by the director under Sections 8(a) and (c),
   72-8  Article 42.09, Code of Criminal Procedure.
   72-9        (b)  The official seal must contain an engraved, five-pointed
  72-10  star in the center with the words "Texas Department of Criminal
  72-11  Justice--Institutional Division" around the margin.
  72-12        SECTION 4.09.  This article takes effect September 1, 1993.
  72-13                               ARTICLE 5
  72-14        SECTION 5.01.  Article 42.18, Code of Criminal Procedure, is
  72-15  amended by adding Section 8A to read as follows:
  72-16        Sec. 8A.  (a)  In addition to other conditions imposed by a
  72-17  parole panel under this article, the panel shall require as a
  72-18  condition of parole or release to mandatory supervision that the
  72-19  defendant reside during the period of parole or mandatory
  72-20  supervision in the county in which:
  72-21              (1)  the defendant resided at the time of committing
  72-22  the offense for which the defendant was sentenced to the
  72-23  institutional division; or
  72-24              (2)  the defendant committed the offense for which the
  72-25  defendant was sentenced to the institutional division, but only if
  72-26  the defendant was not a resident of this state at the time of
  72-27  committing the offense.
   73-1        (b)  A parole panel may require a defendant to reside in a
   73-2  county other than the county required by Subsection (a) of this
   73-3  section to:
   73-4              (1)  protect the life or safety of a victim of the
   73-5  defendant's offense, the defendant, a witness in the case, or any
   73-6  other person; or
   73-7              (2)  increase the likelihood of the defendant's
   73-8  successful completion of parole or mandatory supervision, because
   73-9  of:
  73-10                    (A)  written expressions of significant public
  73-11  concern in the county in which the defendant would otherwise be
  73-12  required to reside;
  73-13                    (B)  the presence of family members or friends in
  73-14  the other county who have expressed a willingness to assist the
  73-15  defendant in successfully completing the terms and conditions of
  73-16  the defendant's release on parole or mandatory supervision;
  73-17                    (C)  the verified existence of a job offer in the
  73-18  other county; or
  73-19                    (D)  the availability of treatment programs,
  73-20  educational programs, or other social service programs in the other
  73-21  county that are not available in the county in which the defendant
  73-22  would otherwise be required to reside.
  73-23        (c)  At any time after a defendant is released on parole or
  73-24  mandatory supervision, a parole panel may modify the conditions of
  73-25  parole or release on mandatory supervision to require the defendant
  73-26  to reside in a county other than the county required by the
  73-27  original conditions.  In making a decision under this subsection, a
   74-1  parole panel must consider the factors listed in Subsection (b) of
   74-2  this section.
   74-3        (d)  If a parole panel initially requires the defendant to
   74-4  reside in a county other than the county required by Subsection (a)
   74-5  of this section, the parole panel shall subsequently require the
   74-6  person to reside in the county described by Subsection (a) of this
   74-7  section if the requirement that the defendant reside in the other
   74-8  county was based on:
   74-9              (1)  the verified existence of a job offer under
  74-10  Subsection (b)(2)(C) of this section and the defendant is no longer
  74-11  employed in or actively seeking employment; or
  74-12              (2)  the availability of treatment programs,
  74-13  educational programs, or other social service programs under
  74-14  Subsection (b)(2)(D) of this section and the defendant:
  74-15                    (A)  no longer regularly participates in the
  74-16  program as required by a term or condition of parole or release to
  74-17  mandatory supervision; or
  74-18                    (B)  has successfully completed the program but
  74-19  has violated another term or condition of the defendant's release
  74-20  on parole or mandatory supervision.
  74-21        (e)  If a parole panel requires the defendant to reside in a
  74-22  county other than the county required by Subsection (a) of this
  74-23  section, the panel shall state the reason for its decision in
  74-24  writing, and place the statement in the defendant's permanent
  74-25  record.
  74-26        (f)  This section does not apply to a decision by a parole
  74-27  panel to require a defendant to serve the period of parole or
   75-1  mandatory supervision in another state.
   75-2        SECTION 5.02.  Chapter 413, Government Code, is amended by
   75-3  adding Section 413.019 to read as follows:
   75-4        Sec. 413.019.  REPORT ON INMATE RELEASE STATISTICS.
   75-5  (a)  Each month the policy council shall determine the following
   75-6  information:
   75-7              (1)  the number and percentage of inmates released on
   75-8  parole or to mandatory supervision to each county;
   75-9              (2)  the number and percentage of inmates released on
  75-10  parole in absentia to each county; and
  75-11              (3)  the number of inmates released to and from a
  75-12  halfway house in each county, including the number of inmates who
  75-13  are required as a condition of release to reside in a county other
  75-14  than the county in which a halfway house is located.
  75-15        (b)  The policy council shall submit to the Texas Board of
  75-16  Criminal Justice an annual report that includes the following
  75-17  information for the preceding 12 months:
  75-18              (1)  the number of inmates released on parole or to
  75-19  mandatory supervision;
  75-20              (2)  the number and percentage of inmates released on
  75-21  parole or to mandatory supervision to each county, including the
  75-22  number of inmates who are required on release from a halfway house
  75-23  to reside in a county other than the county in which the halfway
  75-24  house is located;
  75-25              (3)  the number of inmates released on parole in
  75-26  absentia;
  75-27              (4)  the number and destination of inmates who are
   76-1  transferred from one county to another during the period of release
   76-2  or supervision; and
   76-3              (5)  the number and percentage of inmates released on
   76-4  parole in absentia to each county.
   76-5        (c)  The report required under this section must also include
   76-6  the number of persons under the supervision or custody of the Texas
   76-7  Department of Criminal Justice at the end of a fiscal year,
   76-8  including the type and status of the supervision or custody.
   76-9        (d)  The Texas Board of Criminal Justice shall review the
  76-10  information in the annual report to enable the division to make an
  76-11  appropriate and equitable distribution of inmates to each county.
  76-12        (e)  The Texas Department of Criminal Justice on a monthly
  76-13  basis shall provide in computer format data required by the policy
  76-14  council to prepare reports under this section.
  76-15        SECTION 5.03.  The Criminal Justice Policy Council shall make
  76-16  its first annual report as required by Section 413.019, Government
  76-17  Code, as added by this Act, not later than January 1, 1994.
  76-18        SECTION 5.04.  This article takes effect September 1, 1993.
  76-19                               ARTICLE 6
  76-20        SECTION 6.01.  Sections 413.009, 413.012, 413.015, 413.017,
  76-21  and 413.018, Government Code, are amended to read as follows:
  76-22        Sec. 413.009.  DUTIES OF POLICY COUNCIL.  To accomplish its
  76-23  duties the policy council shall:
  76-24              (1)  conduct an in-depth analysis of the criminal
  76-25  justice system;
  76-26              (2)  determine the long-range needs of the criminal
  76-27  justice system and recommend policy priorities for the system;
   77-1              (3)  identify critical problems in the criminal justice
   77-2  system and recommend strategies to solve those problems;
   77-3              (4)  assess the cost-effectiveness of the use of state
   77-4  and local funds in the criminal justice system;
   77-5              (5)  <recommend the goals, priorities, and standards
   77-6  for the allocation of criminal justice planning funds administered
   77-7  by the criminal justice division;>
   77-8              <(6)>  recommend means to improve the deterrent and
   77-9  rehabilitative capabilities of the criminal justice system;
  77-10              (6) <(7)>  advise and assist the legislature in
  77-11  developing plans, programs, and proposed legislation for improving
  77-12  the effectiveness of the criminal justice system;
  77-13              (7) <(8)>  make computations of daily costs and compare
  77-14  interagency costs on services provided by agencies that are a part
  77-15  of the criminal justice system;
  77-16              (8) <(9)>  make population computations for use in
  77-17  planning for the long-range needs of the criminal justice system;
  77-18              (9) <(10)>  determine long-range information needs of
  77-19  the criminal justice system and acquire that information; and
  77-20              (10) <(11)>  engage in other activities consistent with
  77-21  the responsibilities of the policy council<; and>
  77-22              <(12)  implement the criminal justice data report>.
  77-23        Sec. 413.012.  CONTRACTUAL AUTHORITY.  <(a)>  The policy
  77-24  council may contract with public or private entities in the
  77-25  performance of its responsibilities.
  77-26        <(b)  The policy council may contract with the criminal
  77-27  justice center at Sam Houston State University to provide
   78-1  information important to the work of either council.>
   78-2        Sec. 413.015.  CRIMINAL JUSTICE PLAN; BIENNIAL <ANNUAL>
   78-3  REPORT.  (a)  The policy council biennially <annually> shall submit
   78-4  to the legislature a plan detailing the actions necessary to
   78-5  promote an effective and cohesive criminal justice system.
   78-6        (b)  The policy council shall include in the plan a report of
   78-7  its activities and the recommendations it makes under
   78-8  Section 413.009.
   78-9        <Sec. 413.017.  SPECIAL PROJECTS.  (a)  Before January 1,
  78-10  1991, the policy council shall prepare and report to the
  78-11  legislature:>
  78-12              <(1)  a design for conducting a comprehensive study of
  78-13  sentencing patterns and practices in this state;>
  78-14              <(2)  an evaluation of formulas for the fair and
  78-15  equitable allocation of prison beds to local jurisdictions;>
  78-16              <(3)  a study that develops uniform definitions of the
  78-17  term "recidivism" and "revocation rate"; and>
  78-18              <(4)  an examination of the reporting requirements
  78-19  imposed by the state on municipal, county, and district clerk
  78-20  offices and justices of the peace offices that relate to criminal
  78-21  justice system processing, with recommendations relating to the
  78-22  consolidation, simplification, or elimination of requirements where
  78-23  appropriate.>
  78-24        <(b)  The design prepared under Subsection (a)(1) must
  78-25  include:>
  78-26              <(1)  a statement of the specific objectives of the
  78-27  comprehensive study;>
   79-1              <(2)  methodology;>
   79-2              <(3)  schedules for the study;>
   79-3              <(4)  a description of the resources necessary for the
   79-4  study; and>
   79-5              <(5)  two pilot sampling programs, capable of testing
   79-6  the design.>
   79-7        <(c)  Before January 1, 1993, the policy council shall
   79-8  prepare a study on and report to the legislature about statewide
   79-9  sentencing dynamics.  The report must include a detailed profile of
  79-10  felons sentenced to the institutional division and felons placed on
  79-11  probation.  The policy council shall design the study to provide
  79-12  the legislature with information necessary to perform a proper
  79-13  revision of the Penal Code and statutes relating to sentencing in
  79-14  criminal cases.>
  79-15        <Sec. 413.018.  CRIMINAL JUSTICE DATA REPORT.  (a)  Not later
  79-16  than September 1, 1992, the policy council shall prepare for and
  79-17  distribute to each district court in this state with felony
  79-18  jurisdiction a data collection report form.>
  79-19        <(b)  The policy council shall design the data collection
  79-20  report form to collect all information relevant to a sentence in a
  79-21  felony case or to a pretrial diversion or grant of deferred
  79-22  adjudication in a felony case as well as any other information
  79-23  determined necessary by the policy council.>
  79-24        <(c)  The attorney representing the state shall complete the
  79-25  data collection report for each felony conviction in which the
  79-26  defendant is sentenced to the institutional division of the Texas
  79-27  Department of Criminal Justice and shall include a copy of the data
   80-1  collection report in the documents sent to the division under
   80-2  Article 42.09, Code of Criminal Procedure.  In any disposition of a
   80-3  felony case that does not include confinement in the institutional
   80-4  division, the attorney representing the state shall send a copy of
   80-5  the report to the community supervision and corrections department
   80-6  serving the court.>
   80-7        <(d)  If a sentence in a criminal case is imposed pursuant to
   80-8  a plea bargain, the attorney representing the state shall include
   80-9  that information in the data collection report.>
  80-10        SECTION 6.02.  This article takes effect September 1, 1993.
  80-11                               ARTICLE 7
  80-12        SECTION 7.01.  Article 26.051, Code of Criminal Procedure, is
  80-13  amended by adding Subsections (g) and (h) to read as follows:
  80-14        (g)  The court shall appoint an attorney other than an
  80-15  attorney provided by the board if the court determines for any of
  80-16  the following reasons that a conflict of interest could arise from
  80-17  the use of an attorney provided by the board under Subsection (e)
  80-18  of this article:
  80-19              (1)  the case involves more than one inmate and the
  80-20  representation of more than one inmate could impair the attorney's
  80-21  effectiveness;
  80-22              (2)  the case is appealed and the court is satisfied
  80-23  that conflict of interest would prevent the presentation of a good
  80-24  faith allegation of ineffective assistance of counsel by a trial
  80-25  attorney provided by the board; or
  80-26              (3)  any conflict of interest exists under the Texas
  80-27  Disciplinary Rules of Professional Conduct of the State Bar of
   81-1  Texas that precludes representation by an attorney appointed by the
   81-2  board.
   81-3        (h)  When the court appoints an attorney other than an
   81-4  attorney provided by the board, the county shall pay from its
   81-5  general fund the first $250.00 of the aggregate sum allowed and
   81-6  awarded by the court for the attorney fees under Article 26.05 of
   81-7  this code.  If the fees awarded for a court-appointed attorney in a
   81-8  case described by this subsection exceed $250.00, the court shall
   81-9  certify the amount in excess of $250.00 to the board.  On request
  81-10  of the board, the comptroller shall issue a warrant to the
  81-11  court-appointed attorney in the amount certified to the board by
  81-12  the court.
  81-13        SECTION 7.02.  Article 26.051(f), Code of Criminal Procedure,
  81-14  is repealed.
  81-15        SECTION 7.03.  This article takes effect September 1, 1993.
  81-16                               ARTICLE 8
  81-17        SECTION 8.01.  In addition to other amounts appropriated for
  81-18  the fiscal biennium ending August 31, 1995, the balance of the
  81-19  economic stabilization fund, but not to exceed $72,000,000, is
  81-20  appropriated to the Texas Department of Criminal Justice for:
  81-21              (1)  the operation of additional capacity; and
  81-22              (2)  increased supervision for probation.
  81-23        SECTION 8.02.  This article takes effect September 1, 1993.
  81-24                               ARTICLE 9
  81-25        SECTION 9.01.  Section 21, Administrative Procedure and Texas
  81-26  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), is
  81-27  amended by adding Subsection (j) to read as follows:
   82-1        (j)  This Act does not apply to a rule or internal procedure
   82-2  of the Texas Department of Criminal Justice or Texas Board of
   82-3  Criminal Justice that applies to an inmate or any other person
   82-4  under the custody or control of the department, or to an action
   82-5  taken under that rule or procedure.
   82-6        SECTION 9.02.  Chapter 493, Government Code, is amended by
   82-7  adding Section 493.013 to read as follows:
   82-8        Sec. 493.013.  APPLICABILITY OF CERTAIN GRIEVANCE PROCEDURES.
   82-9  A grievance procedure of the department or a division of the
  82-10  department, including the procedure established under Section
  82-11  501.008, applies to a grievance of an inmate or other person under
  82-12  the custody or control of the department relating to a rule or
  82-13  internal procedure of the board or department.
  82-14        SECTION 9.03.  This article takes effect September 1, 1993.
  82-15                              ARTICLE 10
  82-16        SECTION 10.01.  Section 6(c), Article 42.18, Code of Criminal
  82-17  Procedure, is amended to read as follows:
  82-18        (c)  To facilitate the work of the Board of Pardons and
  82-19  Paroles, the governor shall appoint the chairman of the board to
  82-20  serve as chairman of the executive committee.  The chairman shall
  82-21  appoint six board members to serve on the executive committee.  The
  82-22  committee members serve in that capacity at the pleasure of the
  82-23  chairman.  The <and two other members of the Board of Pardons and
  82-24  Paroles who shall serve at the pleasure of the governor as the>
  82-25  executive committee shall <to> coordinate activities of the board,
  82-26  <and> assure maximum efficiency and fair distribution of the
  82-27  caseload, and administer other matters as required by the chairman.
   83-1        SECTION 10.02.  Article 42.18, Code of Criminal Procedure, is
   83-2  amended by adding Sections 6A and 6B to read as follows:
   83-3        Sec. 6A.  PERSONNEL OF BOARD.  (a)  The board may adopt rules
   83-4  as necessary for the employment and supervision of personnel of the
   83-5  board.
   83-6        (b)  The board shall employ and supervise:
   83-7              (1)  a general counsel to the board;
   83-8              (2)  an administrative assistant;
   83-9              (3)  hearing officers;
  83-10              (4)  personnel to assist in clemency matters; and
  83-11              (5)  secretarial or clerical personnel.
  83-12        (c)  The board shall develop and implement personnel
  83-13  policies.
  83-14        Sec. 6B.  GIFTS AND GRANTS.  The board may apply for and
  83-15  accept gifts or grants from any public or private source for use in
  83-16  any lawful purpose of the board.
  83-17        SECTION 10.03.  Sections 7(c), (d), (e), and (f), Article
  83-18  42.18, Code of Criminal Procedure, are amended to read as follows:
  83-19        (c)  The board <Texas Board of Criminal Justice> shall
  83-20  develop and implement a policy that clearly defines circumstances
  83-21  under which a board member should disqualify himself from voting on
  83-22  a parole decision or on a decision to revoke parole or mandatory
  83-23  supervision.
  83-24        (d)  The board <Texas Board of Criminal Justice> may provide
  83-25  and promulgate a written plan for the administrative review by the
  83-26  entire membership or a subset of the entire membership of the board
  83-27  of actions taken by a parole panel.
   84-1        (e)  Except as provided by Subsection (g) of this section, in
   84-2  <In> matters of parole, release to mandatory supervision, and
   84-3  revocation of parole or mandatory supervision, the board members
   84-4  shall act in panels comprised of three persons in each panel.  The
   84-5  composition of the respective panels shall be designated by the
   84-6  chairman of the board.  A majority of each panel shall constitute a
   84-7  quorum for the transaction of its business, and its decisions shall
   84-8  be by majority vote.  The members of a panel are not required to
   84-9  meet as a body to perform the members' duties as prescribed by this
  84-10  article, except to conduct a hearing as provided by Section 14 of
  84-11  this article.
  84-12        (f)  The members of the board shall meet at least once in
  84-13  each quarter of the calendar year at a site determined by the
  84-14  chairman.  The members of the board are not required to meet as a
  84-15  body to perform the members' duties in clemency matters <for the
  84-16  purpose of making clemency decisions.  As a specific exception to
  84-17  Chapter 271, Acts of the 60th Legislature, Regular Session, 1967
  84-18  (Article 6252-17, Vernon's Texas Civil Statutes), the board, at the
  84-19  call of the chair, may hold a hearing on clemency matters by
  84-20  telephone conference call.  The portion of a meeting that is public
  84-21  shall be recorded and the recording made available to the public to
  84-22  be heard at one or more places designated by the board>.
  84-23        SECTION 10.04.  Sections 8(a), (e), (f), and (h), Article
  84-24  42.18, Code of Criminal Procedure, are amended to read as follows:
  84-25        (a)  A parole panel is authorized to release on parole any
  84-26  person confined in any penal or correctional institution who is
  84-27  eligible for parole under this section.  A parole panel may
   85-1  consider a person for release on parole if the person has been
   85-2  sentenced to a term of imprisonment in the institutional division,
   85-3  is confined in a jail in this state, a federal correctional
   85-4  institution, or a jail or a correctional institution in another
   85-5  state, and is eligible for parole.  A parole panel may release a
   85-6  person on parole during the <tentative> parole month established
   85-7  for the person if the panel determines that the person's release
   85-8  will not increase the likelihood of harm to the public <or that the
   85-9  person has not failed to progress in the manner required by the
  85-10  panel in Subsection (e) of this section>.  The institutional
  85-11  division shall <may> provide the board <pardons and paroles
  85-12  division> with sentence time credit information on persons
  85-13  described in this subsection.  Good <and the pardons and paroles
  85-14  division may develop its own sentence time credit information on
  85-15  persons described by this subsection, but in either event, good>
  85-16  time credit shall be calculated for a person as if the person were
  85-17  confined in the institutional division during the entire time the
  85-18  person was actually confined.  The period of parole shall be
  85-19  equivalent to the maximum term for which the prisoner was sentenced
  85-20  less calendar time actually served on the sentence.  Every prisoner
  85-21  while on parole shall remain in the legal custody of the pardons
  85-22  and paroles division and shall be amenable to conditions of
  85-23  supervision ordered by a parole panel under this article.  All
  85-24  paroles shall issue upon order of a parole panel.
  85-25        (e)  Not later than the 120th day after the date on which a
  85-26  prisoner is admitted to the institutional division, the Texas
  85-27  Department of Criminal Justice <pardons and paroles division> shall
   86-1  secure all pertinent information relating to the prisoner,
   86-2  including but not limited to the court judgment, any sentencing
   86-3  report, the circumstances of the prisoner's offense, the prisoner's
   86-4  previous social history and criminal record, the prisoner's
   86-5  physical and mental health record, a record of the prisoner's
   86-6  conduct, employment history, and attitude in prison, and any
   86-7  written comments or information provided by local trial officials
   86-8  or victims of the offense.  The Texas Department of Criminal
   86-9  Justice <Except as otherwise provided by this subsection, within
  86-10  the 120-day period, the pardons and paroles division> shall
  86-11  establish <a tentative parole month for the prisoner based on
  86-12  information gathered under this subsection and> a proposed program
  86-13  of measurable institutional progress that must be submitted to the
  86-14  board at the time of the board's consideration of the inmate's case
  86-15  for release.  The board shall conduct an initial review of an
  86-16  eligible inmate not later than the 180th day after the date of the
  86-17  inmate's admission to the institutional division.  Before the
  86-18  inmate is approved for release to parole by the board, the inmate
  86-19  must agree to participate in the programs and activities described
  86-20  by  the proposed program of measurable institutional progress <in
  86-21  which the pardons and paroles division determines the prisoner must
  86-22  agree to participate and meet the requirements before being
  86-23  released on parole.  The pardons and paroles division is not
  86-24  required to establish a tentative parole month and program of
  86-25  progress if the pardons and paroles division determines that to do
  86-26  so would be inappropriate in the prisoner's case and indicates that
  86-27  determination in the prisoner's file.  The pardons and paroles
   87-1  division shall notify the institutional division of each prisoner's
   87-2  tentative parole month and proposed program of measurable
   87-3  institutional progress.  Within 30 days of receipt of notice from
   87-4  the pardons and paroles division, the institutional division shall
   87-5  advise the pardons and paroles division if any of the proposed
   87-6  programs of measurable institutional progress or the requirements
   87-7  of those programs cannot be achieved within the prisoner's unit of
   87-8  incarceration.  The tentative parole month may not be a date that
   87-9  is earlier than the prisoner's initial parole eligibility date, as
  87-10  calculated or projected under Subsection (b) of this section.  The
  87-11  pardons and paroles division may revise a tentative parole month
  87-12  established under this subsection at any time the pardons and
  87-13  paroles division determines is proper>.  The institutional division
  87-14  shall work closely with the board <pardons and paroles division> to
  87-15  monitor the progress of the inmate <inmates> in the institutional
  87-16  division and shall report the progress to the board before the
  87-17  inmate's release.
  87-18        (f)(1)  In this subsection:  (A) "close relative of a
  87-19  deceased victim" means a person who was the spouse of a deceased
  87-20  victim at the time of the victim's death, a parent of the deceased
  87-21  victim, or an adult brother, sister, or child of the deceased
  87-22  victim; (B) "guardian of a victim" means a person who is the legal
  87-23  guardian of a victim, whether or not the legal relationship between
  87-24  the guardian and victim exists because of the age of the victim or
  87-25  the physical or mental incompetency of the victim; and (C) "victim"
  87-26  means a person who is a victim of sexual assault, kidnapping, or
  87-27  aggravated robbery or who has suffered bodily injury or death as
   88-1  the result of the criminal conduct of another.
   88-2              (2)  Before a parole panel considers for parole a
   88-3  prisoner who is serving a sentence for an offense in which a person
   88-4  was a victim, the pardons and paroles division, using the name and
   88-5  address provided on the victim impact statement, shall make a
   88-6  reasonable effort to notify a victim of the prisoner's crime or if
   88-7  the victim has a legal guardian or is deceased, to notify the legal
   88-8  guardian or close relative of the deceased victim.  If the notice
   88-9  is sent to a guardian or close relative of a deceased victim, the
  88-10  notice must contain a request by the pardons and paroles division
  88-11  that the guardian or relative inform other persons having an
  88-12  interest in the matter that the prisoner is being considered for
  88-13  parole.  If a hearing is held, the parole panel shall allow a
  88-14  victim, guardian of a victim, close relative of a deceased victim,
  88-15  or a representative of a victim or his guardian or close relative
  88-16  to provide a written statement.  This subsection may not be
  88-17  construed to limit the number of persons who may provide statements
  88-18  for or against the release of the prisoner on parole.  The parole
  88-19  panel shall consider the statements and the information provided in
  88-20  a victim impact statement in determining whether or not to
  88-21  recommend parole.  However, the failure of the pardons and paroles
  88-22  division to comply with notice requirements of this subsection is
  88-23  not a ground for revocation of parole.
  88-24              (3)  If a victim, guardian of a victim, or close
  88-25  relative of a deceased victim would be entitled to notification of
  88-26  parole consideration by the pardons and paroles division but for
  88-27  failure by that person to provide a victim impact statement
   89-1  containing the person's name and address, the person is nonetheless
   89-2  entitled to receive notice if the person files with the pardons and
   89-3  paroles division a written request for that notification.  After
   89-4  receiving such a written request, the pardons and paroles division
   89-5  shall grant to the person all the privileges to which the person
   89-6  would be entitled had the person submitted a victim impact
   89-7  statement.  Before a prisoner is released from the institutional
   89-8  division on parole or on the release of a prisoner on mandatory
   89-9  supervision, the pardons and paroles division shall give notice of
  89-10  the release to any person entitled to notification of parole
  89-11  consideration for the prisoner because the person filed with the
  89-12  pardons and paroles division a victim impact statement or a request
  89-13  for notification of a parole consideration.
  89-14              (4)  Except as necessary to comply with this section,
  89-15  the board <pardons and paroles division> or the Texas Department of
  89-16  Criminal Justice <institutional division> may not disclose to any
  89-17  person the name or address of a victim or other person entitled to
  89-18  notice under this section unless the victim or that person approves
  89-19  the disclosure or the board <pardons and paroles division> or the
  89-20  department is ordered to disclose the information by a court of
  89-21  competent jurisdiction after the court determines that there is
  89-22  good cause for disclosure.
  89-23              (5)  Before ordering the parole of any prisoner, a
  89-24  parole panel may have the prisoner appear before it and interview
  89-25  him.  A parole shall be ordered only for the best interest of
  89-26  society, not as an award of clemency; it shall not be considered to
  89-27  be a reduction of sentence or pardon.  The board <pardons and
   90-1  paroles division> shall develop and implement <standard> parole
   90-2  guidelines that shall be the basic criteria on which parole
   90-3  decisions are made.  The parole guidelines shall be developed
   90-4  according to an acceptable research method and shall be based on
   90-5  the seriousness of the offense and the likelihood of favorable
   90-6  parole outcome.  The board <pardons and paroles division> shall
   90-7  review the parole guidelines periodically and make reports on those
   90-8  reviews to the Legislative Criminal Justice Board <any revisions
   90-9  considered necessary by virtue of statistical analysis of board
  90-10  actions using acceptable research methodology>.  If a member of the
  90-11  board deviates from the parole guidelines in casting a vote on a
  90-12  parole decision, the member shall produce a brief written statement
  90-13  describing the circumstances regarding the departure from the
  90-14  guidelines and place a copy of the statement in the file of the
  90-15  inmate for whom the parole decision was made.  The board shall keep
  90-16  a copy of each statement in a central location.  A prisoner shall
  90-17  be placed on parole only when arrangements have been made for his
  90-18  employment or for his maintenance and care and when the parole
  90-19  panel believes that he is able and willing to fulfill the
  90-20  obligations of a law-abiding citizen.  Every prisoner while on
  90-21  parole shall remain in the legal custody of the pardons and paroles
  90-22  division and shall be amenable to the conditions of supervision
  90-23  ordered under this article.
  90-24        (h)  It shall be the duty of the pardons and paroles division
  90-25  <board> at least 10 days before the board orders <ordering> the
  90-26  parole of any prisoner or at least 10 days after recommending the
  90-27  granting of executive clemency by the governor to notify the
   91-1  sheriff, the prosecuting attorney, and the district judge in the
   91-2  county where such person was convicted and the county to which the
   91-3  prisoner is released that such parole or clemency is being
   91-4  considered by the board or by the governor.  For any case in which
   91-5  there was a change of venue, the pardons and paroles division
   91-6  <board> shall notify those same officials in the county in which
   91-7  the prosecution was originated if, no later than 30 days after the
   91-8  date on which the defendant was sentenced, those officials request
   91-9  in writing that the pardons and paroles division <board> give them
  91-10  notice under this section of any future release of the prisoner.
  91-11  Additionally, no later than the 10th day after the parole panel
  91-12  orders the transfer of a prisoner to a halfway house under this
  91-13  article, the pardons and paroles division <parole panel> shall
  91-14  notify the sheriff of the county in which the prisoner was
  91-15  convicted and shall notify the sheriff of the county in which the
  91-16  halfway house is located and the attorney who represents the state
  91-17  in the prosecution of felonies in that county.  The notice must
  91-18  state the prisoner's name, the county in which the prisoner was
  91-19  convicted, and the offense for which the prisoner was convicted.
  91-20        SECTION 10.05.  Section 9, Article 42.18, Code of Criminal
  91-21  Procedure, is amended to read as follows:
  91-22        Sec. 9.  DUTY TO PROVIDE INFORMATION, COMPUTERS, AND OFFICES.
  91-23  (a)  It shall be the duty of any judge, district attorney, county
  91-24  attorney, police officer, or other public official of the state
  91-25  having information with reference to any prisoner eligible for
  91-26  parole to send in writing such information as may be in his
  91-27  possession or under his control to the pardons and paroles
   92-1  division, upon request of any member of the Board of Pardons and
   92-2  Paroles or employee of the board or the pardons and paroles
   92-3  division.
   92-4        (b)  The Texas Department of Criminal Justice may, by
   92-5  interagency contract, provide to the board necessary computer
   92-6  equipment and computer access to all computerized records and
   92-7  physical access to all hard copy records in the custody of the
   92-8  department that are related to the duties and functions of the
   92-9  board.
  92-10        (c)  The Texas Department of Criminal Justice may, by
  92-11  interagency contract, provide to the board necessary and
  92-12  appropriate office space in the locations designated by the
  92-13  chairman of the board and utilities and communication equipment.
  92-14        SECTION 10.06.  Section 10, Article 42.18, Code of Criminal
  92-15  Procedure, is amended to read as follows:
  92-16        Sec. 10.  ACCESS TO PRISONERS.  It shall be the duty of the
  92-17  institutional division to grant to the members of the board and
  92-18  employees of the board and the pardons and paroles division access
  92-19  at all reasonable times to any prisoner, to provide for the members
  92-20  and employees or such representatives facilities for communicating
  92-21  with and observing such prisoner, and to furnish to the members and
  92-22  employees such reports as the members and employees shall require
  92-23  concerning the conduct and character of any prisoner in their
  92-24  custody and any other facts deemed by a parole panel pertinent in
  92-25  determining whether such prisoner shall be paroled.
  92-26        SECTION 10.07.  Section 13(a), Article 42.18, Code of
  92-27  Criminal Procedure, is amended to read as follows:
   93-1        (a)  A warrant for the return of a paroled prisoner, a
   93-2  prisoner released to mandatory supervision, a prisoner released
   93-3  although not eligible for release, a resident released to a
   93-4  preparole or work <furlough> program, a prisoner released on
   93-5  emergency reprieve or on furlough, or a person released on a
   93-6  conditional pardon to the institution from which the person <he>
   93-7  was paroled, released, or pardoned may be issued by the director or
   93-8  a designated agent of the director <members of parole panels> in
   93-9  cases of parole or mandatory supervision, or by the board on order
  93-10  by the governor in other cases, if <when> there is reason to
  93-11  believe that the person <he> has been released although not
  93-12  eligible for release, if the person has been arrested for an
  93-13  offense, if there is a verified complaint stating that the person
  93-14  violated a rule or condition of release, or if there is reliable
  93-15  evidence that the person has exhibited behavior during the person's
  93-16  release that indicates to a reasonable person that the person poses
  93-17  a danger to society that warrants the person's immediate return to
  93-18  custody.  The person may be held in custody pending a determination
  93-19  of all facts surrounding the alleged offense, violation of a rule
  93-20  or condition of release, or dangerous behavior.  A designated agent
  93-21  of the director acts independently from a parole officer and must
  93-22  receive specialized training as determined by the director<,
  93-23  committed an offense against the laws of this state or of the
  93-24  United States, violated a condition of his parole, mandatory
  93-25  supervision, or conditional pardon, or when the circumstances
  93-26  indicate that he poses a danger to society that warrants his
  93-27  immediate return to incarceration>.  Such warrant shall authorize
   94-1  all officers named therein to take actual custody of the prisoner
   94-2  and detain and house the prisoner until a parole panel <the pardons
   94-3  and paroles division> orders the return of the prisoner to the
   94-4  institution from which he was released.  Pending hearing, as
   94-5  hereinafter provided, upon any charge of parole violation,
   94-6  ineligible release, or violation of the conditions of mandatory
   94-7  supervision, a prisoner returned to custody shall remain
   94-8  incarcerated.  If the director, a board member, or a designated
   94-9  agent of the director or the board <a parole panel> is otherwise
  94-10  authorized to issue a warrant under this subsection, the pardons
  94-11  and paroles division may instead issue to a prisoner a summons
  94-12  requiring the prisoner to appear for a hearing under Section 14 of
  94-13  this article.  The summons must state the time, place, date, and
  94-14  purpose of the hearing.
  94-15        SECTION 10.08.  Section 14, Article 42.18, Code of Criminal
  94-16  Procedure, is amended to read as follows:
  94-17        Sec. 14.  HEARINGS; SANCTIONS.  (a)  Whenever a prisoner or a
  94-18  person granted a conditional pardon is accused of a violation of
  94-19  his parole, mandatory supervision, or conditional pardon, on
  94-20  information and complaint by a law enforcement officer or parole
  94-21  officer, or is arrested after an ineligible release, he shall be
  94-22  entitled to be heard on such charges before a parole panel or a
  94-23  designee of the board <division> under such rules as the board
  94-24  <Texas Board of Criminal Justice> may adopt; provided, however,
  94-25  said hearing <shall be a public hearing and> shall be held within
  94-26  70 days of the date of arrest under a warrant issued by the
  94-27  director or a designated agent of the director <a parole panel> or
   95-1  by the board on order by the governor and at a time and place set
   95-2  by that parole panel or designee.  The panel or designee may hold
   95-3  the hearing at a date later than the date otherwise required by
   95-4  this section if it determines a delay is necessary to assure due
   95-5  process for the person, except that the authority issuing the
   95-6  warrant shall immediately withdraw the warrant if the hearing is
   95-7  not held before the 121st day after the date of arrest, regardless
   95-8  of whether the person agrees to delay the hearing until after that
   95-9  date.  If a parole panel or designee determines that a parolee,
  95-10  mandatory supervisee, or person granted a conditional pardon has
  95-11  been convicted in a court of competent jurisdiction of a felony
  95-12  offense committed while an administrative releasee and has been
  95-13  sentenced by the court to a term of incarceration in a penal
  95-14  institution, the determination is to be considered a sufficient
  95-15  hearing to revoke the parole or mandatory supervision or recommend
  95-16  to the governor revocation of a conditional pardon without further
  95-17  hearing, except that the parole panel or designee shall conduct a
  95-18  hearing to consider mitigating circumstances if requested by the
  95-19  parolee, mandatory supervisee, or person granted a conditional
  95-20  pardon.  When the parole panel or designee has heard the facts, the
  95-21  board <it> may recommend to the governor that the conditional
  95-22  pardon be continued, revoked, or modified, or it may continue,
  95-23  revoke, or modify the parole or mandatory supervision, in any
  95-24  manner warranted by the evidence.  <The Texas Board of Criminal
  95-25  Justice shall develop and implement a system of sanctions that may
  95-26  be imposed by the pardons and paroles division on a person whose
  95-27  conditional pardon or release on parole or mandatory supervision is
   96-1  continued or modified.>  The parole panel or designee must make its
   96-2  recommendation or decision no later than the 30th day after the
   96-3  date the hearing is concluded.  When a person's parole, mandatory
   96-4  supervision, or conditional pardon is revoked, that person may be
   96-5  required to serve the portion remaining of the sentence on which he
   96-6  was released, such portion remaining to be calculated without
   96-7  credit for the time from the date of his release to the date of
   96-8  revocation.  When a warrant is issued charging a violation of
   96-9  release conditions, the sentence time credit may be suspended until
  96-10  a determination is made in such case and such suspended time credit
  96-11  may be reinstated should such parole, mandatory supervision, or
  96-12  conditional pardon be continued.
  96-13        (b)  The board <pardons and paroles division> shall develop
  96-14  and implement a training program for designees of the board
  96-15  <division> who conduct hearings under this section.  The training
  96-16  program must assist the designees in understanding issues relating
  96-17  to the revocation process.
  96-18        SECTION 10.09.  Sections 15(b) and (c), Article 42.18, Code
  96-19  of Criminal Procedure, are amended to read as follows:
  96-20        (b)  The pardons and paroles division <A parole panel> may
  96-21  allow a person released on parole or mandatory supervision to serve
  96-22  the remainder of the person's sentence without supervision and
  96-23  without being required to report if:
  96-24              (1)  the person has been under the supervision for not
  96-25  less than one-half of the time that remained on the person's
  96-26  sentence when the person was released from imprisonment and during
  96-27  the period of supervision the person's parole or release on
   97-1  mandatory supervision has not been revoked; and
   97-2              (2)  the pardons and paroles division <parole panel>
   97-3  determines that:
   97-4                    (A)  the person has made a good faith effort to
   97-5  comply with any restitution order imposed on the person by a court
   97-6  of competent jurisdiction; and
   97-7                    (B)  allowing the person to serve the remainder
   97-8  of the person's sentence without supervision and reporting is in
   97-9  the best interest of society.
  97-10        (c)  The pardons and paroles division <A parole panel> may
  97-11  require a person released from supervision and reporting under
  97-12  Subsection (b) of this section to resubmit to supervision and
  97-13  resume reporting at any time, and for any reason.
  97-14        SECTION 10.10.  Section 17, Article 42.18, Code of Criminal
  97-15  Procedure, is amended by adding Subsection (c) to read as follows:
  97-16        (c)  At any time before setting a revocation hearing date
  97-17  under Section 14(a) of this article, the pardons and paroles
  97-18  division may withdraw a warrant and continue supervision of a
  97-19  released person.
  97-20        SECTION 10.11.  Section 24, Article 42.18, Code of Criminal
  97-21  Procedure, is amended to read as follows:
  97-22        Sec. 24.  INTENSIVE SUPERVISION.  The pardons and paroles
  97-23  division shall establish a program to provide intensive supervision
  97-24  to inmates released under the provisions of Subchapter B, Chapter
  97-25  498, Government Code, and other inmates determined by parole panels
  97-26  or the pardons and paroles division to require intensive
  97-27  supervision.  The Texas Board of Criminal Justice shall adopt rules
   98-1  that establish standards for determining which inmates require
   98-2  intensive supervision.  The program must provide the highest level
   98-3  of supervision provided by the pardons and paroles division.
   98-4        SECTION 10.12.  Section 25(g), Article 42.18, Code of
   98-5  Criminal Procedure, is amended to read as follows:
   98-6        (g)  The pardons and paroles division may enter into a
   98-7  contract with a public or private vendor for the financing,
   98-8  construction, operation, or management of community-based
   98-9  facilities using lease-purchase or installment sale contracts to
  98-10  provide or supplement housing, board, or supervision for persons
  98-11  placed in community-based facilities.  A person housed or
  98-12  supervised in a facility operated by a vendor under a contract is
  98-13  subject to the same provisions of law as if the housing or
  98-14  supervision were provided directly by the pardons and paroles
  98-15  division.
  98-16        SECTION 10.13.  Section 4, Article 42.18, Code of Criminal
  98-17  Procedure, is amended by adding Subsection (a-1) to read as
  98-18  follows:
  98-19        (a-1)  In determining eligibility under Subsection (a)(3) of
  98-20  this section, the compensation or reimbursement that a board
  98-21  member's spouse receives as an employee of the board or of the
  98-22  Texas Department of Criminal Justice may not be considered.  This
  98-23  subsection does not affect any restriction on employment or board
  98-24  membership imposed by any other law.
  98-25        SECTION 10.14.  Section 17, Article 42.18, Code of Criminal
  98-26  Procedure, is amended by adding Subsection (d) to read as follows:
  98-27        (d)  The Texas Board of Criminal Justice, through the pardons
   99-1  and paroles division, may as part of a pilot program contract with
   99-2  the commissioners court of Travis County or the Travis County
   99-3  community supervision and corrections department for the
   99-4  supervision of inmates released on parole or mandatory supervision.
   99-5  The commissioners court or the community supervision and
   99-6  corrections department may not enter into a contract under this
   99-7  section without first consulting with the community justice council
   99-8  serving Travis County.  The commissioners court or the community
   99-9  supervision and corrections department may subcontract with a
  99-10  private vendor for the provision of any or all services described
  99-11  in this subsection.  This subsection expires on September 1, 1995.
  99-12        SECTION 10.15.  (a)  Not later than September 1, 1994, the
  99-13  Board of Pardons and Paroles shall determine the appropriate
  99-14  qualifications of hearings officers to be employed by the board and
  99-15  designated to conduct hearings under Section 14, Article 42.18,
  99-16  Code of Criminal Procedure, as amended by this article.  The board
  99-17  shall submit a report of the qualifications to the Legislative
  99-18  Budget Board and the governor's office for approval.  Any new
  99-19  qualifications are effective not later than September 1, 1995.
  99-20        (b)  On September 1, 1993, an employee of the pardons and
  99-21  paroles division of the Texas Department of Criminal Justice
  99-22  described by Section 6A(b), Article 42.18, Code of Criminal
  99-23  Procedure, as added by this article, who performs tasks relating to
  99-24  the powers, duties, and obligations created under this article and
  99-25  assigned to the Board of Pardons and Paroles becomes an employee of
  99-26  the Board of Pardons and Paroles, to be assigned at the direction
  99-27  of the chairman of the Board of Pardons and Paroles.
  100-1        (c)  From funds appropriated for the fiscal years ending
  100-2  August 31, 1994, and August 31, 1995, by the legislature to the
  100-3  Texas Department of Criminal Justice for the payment of salaries,
  100-4  interagency contract services, travel, capital outlay, and
  100-5  operating expenses, the following amounts are transferred to the
  100-6  Board of Pardons and Paroles:
  100-7              (1)  on September 1, 1993, an amount not to exceed
  100-8  $5,785,766; and
  100-9              (2)  on September 1, 1994, an amount not to exceed
 100-10  $5,636,375.
 100-11        SECTION 10.16.  This article takes effect September 1, 1993.
 100-12                              ARTICLE 11
 100-13        SECTION 11.01.  Article 42.18, Code of Criminal Procedure, is
 100-14  amended by adding Section 4A to read as follows:
 100-15        Sec. 4A.  PROHIBITED REPRESENTATION.  (a)  This section
 100-16  applies to a person who is eligible to represent a person for
 100-17  compensation under Section 11 of this article.
 100-18        (b)  A person serving as a member or employee of the Board of
 100-19  Pardons and Paroles or the Texas Board of Criminal Justice may not,
 100-20  for a period of 10 years after the date the person ceases to be a
 100-21  board member or employee, represent any person in a matter before
 100-22  the board or a panel of the board or receive compensation for
 100-23  services rendered on behalf of any person regarding a matter
 100-24  pending before the board or a panel of the board.
 100-25        (c)  A person, other than a person subject to Subsection (b)
 100-26  of this section, who is employed by the Texas Department of
 100-27  Criminal Justice may not, for a period of 10 years after the date
  101-1  the person terminates service with the department, represent an
  101-2  inmate in a matter before the board or a panel of the board or
  101-3  receive compensation for services rendered on behalf of any person
  101-4  regarding a matter pending before the board or a panel of the
  101-5  board.
  101-6        (d)  A former member or employee of the Board of Pardons and
  101-7  Paroles or the Texas Board of Criminal Justice or a former employee
  101-8  of the Texas Department of Criminal Justice may not represent any
  101-9  person or receive compensation for services rendered on behalf of
 101-10  any person regarding a matter pending before the board or a panel
 101-11  of the board with which the former member or employee was directly
 101-12  concerned during the period of service or employment on or with
 101-13  either board or the department, either through personal involvement
 101-14  or because the matter was within the member's or employee's
 101-15  official responsibility while associated with the board or the
 101-16  department.
 101-17        (e)  A former member or employee of the Board of Pardons and
 101-18  Paroles or the Texas Board of Criminal Justice or a former employee
 101-19  of the department commits an offense if the former member or
 101-20  employee violates this section.  An offense under this subsection
 101-21  is a Class A misdemeanor.
 101-22        SECTION 11.02.  Section 7, Article 42.18, Code of Criminal
 101-23  Procedure, is amended by adding Subsections (g) and (h) to read as
 101-24  follows:
 101-25        (g)  The board may grant parole to a person convicted of a
 101-26  capital felony  only on a two-thirds vote of the entire membership
 101-27  of the board.
  102-1        (h)  The board shall develop for its members a comprehensive
  102-2  training and education program on the Texas criminal justice
  102-3  system, with special emphasis on the parole process.  A new member
  102-4  may not participate in a vote of the board or a panel until the
  102-5  member completes the program.
  102-6        SECTION 11.03.  Section 8, Article 42.18, Code of Criminal
  102-7  Procedure, is amended by adding Subsection (o) to read as follows:
  102-8        (o)  The pardons and paroles division shall develop and
  102-9  implement a comprehensive program to inform inmates, their
 102-10  families, and other interested parties about the parole process.
 102-11  The division shall update the program annually.
 102-12        SECTION 11.04.  Section 11, Article 42.18, Code of Criminal
 102-13  Procedure, is amended to read as follows:
 102-14        Sec. 11.  REPRESENTATION OF INMATES <INFORMATION AND
 102-15  ARGUMENTS>.  (a)  The board <Texas Board of Criminal Justice> shall
 102-16  adopt rules as to:
 102-17              (1)  the submission and presentation of information and
 102-18  arguments to the board, parole panels, and the pardons and paroles
 102-19  division for and in behalf of an inmate; and <any person within the
 102-20  jurisdiction of a panel or the division>
 102-21              (2)  the time, place, and manner of contact between a
 102-22  person representing an inmate and a member of the board, an
 102-23  employee of the board, or an employee of the pardons and paroles
 102-24  division.
 102-25        (b)  A person who represents an inmate for compensation:
 102-26              (1)  must be an attorney licensed in this state; and
 102-27              (2)  must register with the Texas Ethics Commission
  103-1  <All persons presenting information or arguments to a panel or the
  103-2  division shall submit therewith an affidavit stating whether any
  103-3  fee has been paid or is to be paid for their services in the case,
  103-4  the amount of such fee, if any, and by whom such fee is paid or to
  103-5  be paid>.
  103-6        (c)  A person required to register under this section shall
  103-7  file a fee affidavit with the pardons and paroles division in a
  103-8  form prescribed by the division for each inmate the person
  103-9  represents for compensation before the person first contacts a
 103-10  member of the board, an employee of the board, or an employee of
 103-11  the pardons and paroles division on behalf of the inmate.
 103-12        (d)  The fee affidavit must be written and verified and
 103-13  contain:
 103-14              (1)  the registrant's full name and address;
 103-15              (2)  the registrant's normal business, business phone
 103-16  number, and business address;
 103-17              (3)  the full name of any former member or employee of
 103-18  the Board of Pardons and Paroles or the Texas Board of Criminal
 103-19  Justice or any former employee of the Texas Department of Criminal
 103-20  Justice with whom the person:
 103-21                    (A)  is associated;
 103-22                    (B)  has a relationship as an employer or
 103-23  employee; or
 103-24                    (C)  maintains a contractual relationship to
 103-25  provide services;
 103-26              (4)  the full name and institutional identification
 103-27  number of the inmate the registrant represents;
  104-1              (5)  the amount of compensation the person has received
  104-2  or expects to receive in exchange for the representation; and
  104-3              (6)  the name of the person making the compensation.
  104-4        (e)  The division shall, not later than the third day after
  104-5  the date the fee affidavit is filed, place a copy of the affidavit
  104-6  in the file of an inmate that a parole panel or the board reviews.
  104-7  The division shall also keep a copy of each fee affidavit in a
  104-8  central location.
  104-9        (f)  If a person who has registered under this section
 104-10  receives compensation in excess of the amount reported on the fee
 104-11  affidavit, the person must file with the pardons and paroles
 104-12  division, not later than the fifth day after the date the person
 104-13  receives the additional compensation, a supplemental fee affidavit
 104-14  in a form prescribed by the division indicating the total amount of
 104-15  compensation received for representing that inmate.  The division
 104-16  shall follow the procedures in Subsection (e) of this section to
 104-17  process the supplemental affidavit.
 104-18        (g)  A person required to register under this section shall,
 104-19  for each calendar year the person represents an inmate, file a
 104-20  representation summary form with the Texas Ethics Commission on a
 104-21  form prescribed by the commission.  The form must be filed not
 104-22  later than the last day of January in the first year following the
 104-23  reporting period and include:
 104-24              (1)  the registrant's full name and address;
 104-25              (2)  the registrant's normal business, business phone
 104-26  number, and business address;
 104-27              (3)  the full name of any former member or employee of
  105-1  the Board of Pardons and Paroles or the Texas Board of Criminal
  105-2  Justice or any former employee of the Texas Department of Criminal
  105-3  Justice with whom the person:
  105-4                    (A)  is associated;
  105-5                    (B)  has a relationship as an employer or
  105-6  employee; or
  105-7                    (C)  maintains a contractual relationship to
  105-8  provide services;
  105-9              (4)  the full name and institutional identification
 105-10  number of each inmate the registrant represented in the previous
 105-11  calendar year; and
 105-12              (5)  the amount of compensation the person has received
 105-13  for representing each inmate in the previous calendar year.
 105-14        (h)  A person who registers under Subsection (g) of this
 105-15  section and for whom the information required for registration has
 105-16  changed shall, not later than the 10th day after the date the
 105-17  information changes, file a supplemental statement with the Texas
 105-18  Ethics Commission indicating the change.
 105-19        (i)  The Texas Ethics Commission shall submit to the pardons
 105-20  and paroles division a copy of each representation summary form
 105-21  that is filed.
 105-22        (j)  A person commits an offense if the person represents an
 105-23  inmate for compensation and the person is not an attorney licensed
 105-24  in this state.  An offense under this subsection is a Class C
 105-25  misdemeanor.
 105-26        (k)  A person commits an offense if a person is required to
 105-27  register under Subsection (g) or make a filing under Subsection
  106-1  (c), (f), or (h) of this section and the person fails to register
  106-2  or make the filing.  An offense under this subsection is a Class C
  106-3  misdemeanor.
  106-4        (l)  Failure to register as required by Subsections (b) and
  106-5  (g) of this section constitutes violation of a law administered and
  106-6  enforced by the Texas Ethics Commission for the purposes of Section
  106-7  1.28, Chapter 304, Acts of the 72nd Legislature, Regular Session,
  106-8  1991 (Article 6252-9d.1, Vernon's Texas Civil Statutes).
  106-9        (m)  In this section:
 106-10              (1)  "Compensation" has the meaning assigned by Section
 106-11  305.002, Government Code.
 106-12              (2)  "Inmate" includes an administrative releasee, a
 106-13  person imprisoned in the institutional division,  and a person
 106-14  confined in a county  jail awaiting transfer to the institutional
 106-15  division or awaiting a revocation hearing.
 106-16              (3)  "Represent" means to directly or indirectly
 106-17  contact in person or by telephone, facsimile transmission, or
 106-18  correspondence a member or employee of the board or an employee of
 106-19  the pardons and paroles division on behalf of an inmate.
 106-20        SECTION 11.05.  Section 18, Article 42.18, Code of Criminal
 106-21  Procedure, is amended to read as follows:
 106-22        Sec. 18.  CONFIDENTIAL INFORMATION.  All information obtained
 106-23  and maintained in connection with inmates of the institutional
 106-24  division subject to parole, release to mandatory supervision, or
 106-25  executive clemency, or individuals who may be on mandatory
 106-26  supervision or parole and under the supervision of the pardons and
 106-27  paroles division, or persons directly identified in any proposed
  107-1  plan of release for a prisoner, including victim impact statements,
  107-2  lists of inmates eligible for parole, and inmates' arrest records,
  107-3  shall be confidential and privileged information and shall not be
  107-4  subject to public inspection; provided, however, that all such
  107-5  information shall be available to the governor, <and> the members
  107-6  of the board, and the Criminal Justice Policy Council to perform
  107-7  its duties under Section 413.021, Government Code, upon request.
  107-8  It is further provided that statistical and general information
  107-9  respecting the parole and mandatory supervision program and system,
 107-10  including the names of paroled prisoners, prisoners released to
 107-11  mandatory supervision, and data recorded in connection with parole
 107-12  and mandatory supervision services, shall be subject to public
 107-13  inspection at any reasonable time.
 107-14        SECTION 11.06.  Chapter 413, Government Code, is amended by
 107-15  adding Section 413.021 to read as follows:
 107-16        Sec. 413.021.  REVIEW OF USE OF PAROLE GUIDELINES.  The
 107-17  policy council shall report at least annually to the Legislative
 107-18  Criminal Justice Board, the Texas Board of Criminal Justice, and
 107-19  the Board of Pardons and Paroles on the use of the parole
 107-20  guidelines by each member of the board in making parole decisions.
 107-21        SECTION 11.07.  (a)  Section 4A, Article 42.18, Code of
 107-22  Criminal Procedure, as added by Section 11.01 of this article,
 107-23  applies only to a person who ceases to be a member or employee of
 107-24  the Board of Pardons and Paroles or the Texas Board of Criminal
 107-25  Justice or an employee of the Texas Department of Criminal Justice
 107-26  on or after the effective date of this article.
 107-27        (b)  The requirement in Section 7(h), Article 42.18, Code of
  108-1  Criminal Procedure, as added in Section 11.02 of this article, that
  108-2  a new member of the Board of Pardons and Paroles attend a
  108-3  comprehensive training and education program on the Texas criminal
  108-4  justice system applies only to a member who begins service on or
  108-5  after the effective date of this article.
  108-6        (c)  The Criminal Justice Policy Council shall make its first
  108-7  report as required by Section 413.021, Government Code, as added by
  108-8  Section 11.06 of this Act, not later than January 1, 1995.
  108-9        SECTION 11.08.  This article takes effect September 1, 1993.
 108-10                              ARTICLE 12
 108-11        SECTION 12.01.  Notwithstanding any provision of this Act
 108-12  establishing an effective date for an article of this Act, this Act
 108-13  takes effect only if Senate Bill No. 1067, Acts of the 73rd
 108-14  Legislature, Regular Session, 1993, takes effect.  If Senate Bill
 108-15  No. 1067 does not take effect, this Act has no effect.
 108-16        SECTION 12.02.  The importance of this legislation and the
 108-17  crowded condition of the calendars in both houses create an
 108-18  emergency and an imperative public necessity that the
 108-19  constitutional rule requiring bills to be read on three several
 108-20  days in each house be suspended, and this rule is hereby suspended.