Bill Text: TX HB3130 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the establishment of an educational and vocational training pilot program for certain state jail felony defendants.
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB3130 Detail]
Download: Texas-2017-HB3130-Comm_Sub.html
Bill Title: Relating to the establishment of an educational and vocational training pilot program for certain state jail felony defendants.
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB3130 Detail]
Download: Texas-2017-HB3130-Comm_Sub.html
85R18497 MAW-D | |||
By: Parker, White, Zerwas | H.B. No. 3130 | ||
Substitute the following for H.B. No. 3130: | |||
By: White | C.S.H.B. No. 3130 |
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relating to the establishment of an educational and vocational | ||
training pilot program for certain state jail felony defendants. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter L, Chapter 42A, Code of Criminal | ||
Procedure, is amended by adding Article 42A.562 to read as follows: | ||
Art. 42A.562. PLACEMENT ON COMMUNITY SUPERVISION; | ||
EDUCATIONAL AND VOCATIONAL TRAINING PILOT PROGRAM. (a) Except as | ||
provided by Subsection (b), a judge assessing punishment in a state | ||
jail felony case may suspend the imposition of the sentence and | ||
place the defendant on community supervision with the conditions | ||
that the defendant: | ||
(1) submit at the beginning of the term of community | ||
supervision to confinement in a state jail felony facility for a | ||
term not to exceed 90 days; and | ||
(2) participate in a program operated under Section | ||
507.007, Government Code. | ||
(b) A judge may not place a defendant on community | ||
supervision under this article if the defendant is or has | ||
previously been convicted of an offense under Title 5, Penal Code. | ||
(c) Before a judge may place a defendant on community | ||
supervision under this article, the defendant must be assessed | ||
using the risk and needs assessment instrument adopted under | ||
Section 501.0921, Government Code, or a similar instrument that | ||
takes into consideration the defendant's prior criminal history. | ||
(d) Notwithstanding Article 42A.559(c), the judge shall | ||
credit against the time the defendant is required to serve under | ||
Subsection (a)(1) time the defendant served in a county jail from | ||
the time of the defendant's arrest until sentencing. | ||
(e) Notwithstanding the minimum period of community | ||
supervision provided by Article 42A.553(a), a judge placing a | ||
defendant on community supervision under this article shall impose | ||
a period of community supervision not to exceed 270 days. | ||
(f) A defendant placed on community supervision under this | ||
article must participate fully in the program described by | ||
Subsection (a)(2). The provisions of Subchapter P authorizing the | ||
judge to revoke a defendant's community supervision or otherwise | ||
sanction the defendant apply with respect to a defendant who | ||
violates the requirement of this subsection. | ||
SECTION 2. Subchapter A, Chapter 507, Government Code, is | ||
amended by adding Section 507.007 to read as follows: | ||
Sec. 507.007. EDUCATIONAL AND VOCATIONAL TRAINING PILOT | ||
PROGRAM. (a) The department shall establish a pilot program to | ||
provide educational and vocational training, employment, and | ||
reentry services to defendants placed on community supervision and | ||
required to serve a term of confinement in a state jail felony | ||
facility under Article 42A.562, Code of Criminal Procedure. | ||
(b) The department, in consultation with interested | ||
parties, shall determine the eligibility criteria for a defendant | ||
to participate in the pilot program, including requiring the | ||
defendant to arrange for suitable housing while participating in | ||
the program. | ||
(c) The department, in consultation with interested | ||
parties, shall determine not more than four locations in this state | ||
in which the pilot program will operate. In determining the | ||
locations, the department shall consider locating the program in | ||
various regions throughout the state, including locations having a | ||
variety of population sizes. The department shall also give | ||
consideration to whether a risk and needs assessment is generally | ||
conducted before sentencing defendants in a particular location and | ||
to the degree to which local judges show support for the | ||
establishment of the program in a particular location. | ||
(d) The department shall issue a request for proposals from | ||
public or private entities to provide services through the pilot | ||
program. The department shall select one or more qualified | ||
applicants to provide services through the program to eligible | ||
defendants. | ||
(e) The pilot program consists of approximately 180 days of | ||
employment-related services and support and must include: | ||
(1) an initial period during which the defendant will: | ||
(A) receive training and education related to the | ||
defendant's vocational goals; and | ||
(B) be employed by the provider; | ||
(2) job placement services designed to provide | ||
employment for the defendant after the period described by | ||
Subdivision (1); | ||
(3) assistance in obtaining a high school diploma or | ||
industry certification for applicable defendants; | ||
(4) life-skills training, including information about | ||
budgeting and money management; and | ||
(5) counseling and mental health services. | ||
(f) The department shall limit the number of defendants who | ||
may participate in the program to not more than 45 defendants per | ||
quarter per program location. | ||
(g) The department shall pay providers not less than $40 per | ||
day for each participant. | ||
SECTION 3. Not later than September 1, 2019, the Texas | ||
Department of Criminal Justice shall establish the pilot program | ||
required by Section 507.007, Government Code, as added by this Act. | ||
SECTION 4. Article 42A.562, Code of Criminal Procedure, as | ||
added by this Act, applies only to a defendant who receives a | ||
sentence of confinement in a state jail on or after September 1, | ||
2019. A defendant who receives a sentence of confinement in a state | ||
jail before September 1, 2019, is governed by the law in effect | ||
immediately before the effective date of this Act, and the former | ||
law is continued in effect for that purpose. | ||
SECTION 5. This Act takes effect September 1, 2017. |