Bill Text: TX SB1011 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the establishment of an educational and vocational training pilot program for certain state jail felony defendants.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-06 - Referred to Criminal Justice [SB1011 Detail]
Download: Texas-2017-SB1011-Introduced.html
85R6315 MAW-D | ||
By: Huffman | S.B. No. 1011 |
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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) 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 of 90 days; and | ||
(2) participate in a program operated under Section | ||
507.007, Government Code. | ||
(b) 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. | ||
(c) 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 of 270 days. | ||
(d) After receiving a notification from the Texas | ||
Department of Criminal Justice under Section 507.008, Government | ||
Code, that the department has determined that a defendant confined | ||
as required by Subsection (a)(1) is not eligible to participate in | ||
the program described by Subsection (a)(2), the judge shall: | ||
(1) modify the defendant's conditions to remove the | ||
defendant's scheduled participation in the program; or | ||
(2) file a statement of the judge's reasons for not | ||
modifying the condition as described by Subdivision (1) with the | ||
papers in the case. | ||
SECTION 2. Subchapter A, Chapter 507, Government Code, is | ||
amended by adding Sections 507.007 and 507.008 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: | ||
(1) cooperate with the department for purposes of | ||
completing the risk and needs assessment instrument adopted under | ||
Section 501.0921; and | ||
(2) arrange for suitable housing while participating | ||
in the program. | ||
(c) The department, in consultation with interested | ||
parties, shall determine 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 | ||
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 pilot program to | ||
eligible defendants. | ||
(e) The pilot program consists of 180 days of | ||
employment-related services and support and must include: | ||
(1) an initial period of 90 days 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 use the cost savings to the | ||
department as a result of the release of defendants on community | ||
supervision under Article 42A.562, Code of Criminal Procedure, to | ||
pay providers not less than $40 per day for each participant. | ||
Sec. 507.008. IDENTIFICATION OF PILOT PROGRAM | ||
PARTICIPANTS. (a) As soon as practicable after a defendant | ||
required to submit to confinement under Article 42A.562(a)(1), Code | ||
of Criminal Procedure, is received into the custody of a state jail | ||
felony facility, the department shall assess the defendant with the | ||
risk and needs assessment instrument adopted under Section 501.0921 | ||
to assess the defendant's suitability for participation in the | ||
pilot program established under Section 507.007. | ||
(b) Not later than the 20th day before the date the | ||
defendant will complete the term of confinement imposed under | ||
Article 42A.562(a)(1), Code of Criminal Procedure, the department | ||
shall: | ||
(1) determine, based on the results of the assessment | ||
conducted under Subsection (a), the defendant's conduct while | ||
confined, and any other relevant information, whether the defendant | ||
meets the eligibility criteria for participation in the pilot | ||
program established under Section 507.007; and | ||
(2) if the department determines that the defendant is | ||
not eligible, notify the sentencing court of that fact. | ||
SECTION 3. Not later than June 1, 2018, 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 June 1, 2018. A | ||
defendant who receives a sentence of confinement in a state jail | ||
before June 1, 2018, 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. |