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.