Bill Text: TX SB213 | 2013-2014 | 83rd Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the continuation and functions of the Texas Board of Criminal Justice, the Texas Department of Criminal Justice, and the Windham School District and to the functions of the Board of Pardons and Paroles and the Correctional Managed Health Care Committee.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB213 Detail]

Download: Texas-2013-SB213-Comm_Sub.html

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83R23018 JRR-D
By: Whitmire, et al. S.B. No. 213
(Price)
Substitute the following for S.B. No. 213: No.

A BILL TO BE ENTITLED
relating to the continuation and functions of the Texas Board of
Criminal Justice, the Texas Department of Criminal Justice, and the
Windham School District and to the functions of the Board of Pardons
and Paroles and the Correctional Managed Health Care Committee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 492.012, Government Code, is amended to
read as follows:
Sec. 492.012. SUNSET PROVISION. The Texas Board of
Criminal Justice and the Texas Department of Criminal Justice are
subject to Chapter 325 (Texas Sunset Act). Unless continued in
existence as provided by that chapter, the board and the department
are abolished September 1, 2021 [2013].
SECTION 2. Chapter 493, Government Code, is amended by
adding Section 493.031 to read as follows:
Sec. 493.031. CASE MANAGEMENT COMMITTEES. (a) Each
facility under the oversight of the correctional institutions
division shall establish a case management committee to assess each
inmate in the facility and ensure the inmate is receiving
appropriate services or participating in appropriate programs. The
case management committee shall:
(1) review each individual treatment plan adopted
under Section 508.152 for an inmate in the facility and, as
applicable, discuss with the inmate a possible treatment plan,
including participation in any program or service that may be
available through the department, the Windham School District, or
any volunteer organization; and
(2) meet with each inmate in the facility at the time
of the inmate's initial placement in the facility and at any time in
which the committee seeks to reclassify the inmate based on the
inmate's refusal to participate in a program or service recommended
by the committee.
(b) A case management committee must include the members of
the unit classification committee. In addition to those members, a
case management committee may include any of the following members,
based on availability and inmate needs:
(1) an employee whose primary duty involves providing
rehabilitation and reintegration programs or services;
(2) an employee whose primary duty involves providing
vocational training or educational services to inmates;
(3) an employee whose primary duty involves providing
medical care or mental health care treatment to inmates; or
(4) a representative of a faith-based or volunteer
organization.
SECTION 3. Section 501.092, Government Code, as added by
Chapter 643 (H.B. 1711), Acts of the 81st Legislature, Regular
Session, 2009, is reenacted and amended to read as follows:
Sec. 501.092. COMPREHENSIVE REENTRY AND REINTEGRATION PLAN
FOR OFFENDERS. (a) The department shall develop and adopt a
comprehensive plan to reduce recidivism and ensure the successful
reentry and reintegration of offenders into the community following
an offender's release or discharge from a correctional facility.
(b) The reentry and reintegration plan adopted [developed]
under this section must [provide for]:
(1) incorporate the use of the risk and needs
assessment instrument adopted under Section 501.0921 [an
assessment of offenders entering a correctional facility to
determine which skills the offender needs to develop to be
successful in the community following release or discharge];
(2) provide for programs that address the assessed
needs of offenders;
(3) provide for a comprehensive network of transition
programs to address the needs of offenders released or discharged
from a correctional facility;
(4) identify and define the transition services that
are to be provided by the department and which offenders are
eligible for those services;
(5) coordinate the provision of reentry and
reintegration services provided to offenders through state-funded
and volunteer programs across divisions of the department to:
(A) target eligible offenders efficiently; and
(B) ensure maximum use of existing facilities,
personnel, equipment, supplies, and other resources;
(6) provide for collecting and maintaining data
regarding the number of offenders who received reentry and
reintegration services and the number of offenders who were
eligible for but did not receive those services, including
offenders who did not participate in those services;
(7) provide for evaluating the effectiveness of the
reentry and reintegration services provided to offenders by
collecting, maintaining, and reporting outcome information,
including recidivism data as applicable;
(8) identify [(4) the identification of] providers of
existing local programs and transitional services with whom the
department may contract under Section 495.028 to implement the
reentry and reintegration plan; and
(9) [(5)] subject to Subsection (f) [(c)], provide for
the sharing of information between local coordinators, persons with
whom the department contracts under Section 495.028, and other
providers of services as necessary to adequately assess and address
the needs of each offender.
(c) The department, in consultation with the Board of
Pardons and Paroles and the Windham School District, shall
establish the role of each entity in providing reentry and
reintegration services. The reentry and reintegration plan adopted
under this section must include, with respect to the department,
the Board of Pardons and Paroles, and the Windham School District:
(1) the reentry and reintegration responsibilities
and goals of each entity, including the duties of each entity to
administer the risk and needs assessment instrument adopted under
Section 501.0921;
(2) the strategies for achieving the goals identified
by each entity; and
(3) specific timelines for each entity to implement
the components of the reentry and reintegration plan for which the
entity is responsible.
(d) The department shall regularly evaluate the reentry and
reintegration plan adopted under this section. Not less than once
in each three-year period following the adoption of the plan, the
department shall update the plan.
(e) The department shall provide a copy of the initial
reentry and reintegration plan adopted under this section and each
evaluation and revision of the plan to the board, the Windham School
District, and the Board of Pardons and Paroles.
(f) An offender's personal health information may be
disclosed under Subsection (b)(9) [(b)(5)] only if:
(1) the offender consents to the disclosure; and
(2) the disclosure does not violate the Health
Insurance Portability and Accountability Act of 1996 (Pub. L. No.
104-191) or other state or federal law.
(g) [(d)] The programs provided under Subsections (b)(2)
and (3) must:
(1) be implemented by highly skilled staff who are
experienced in working with inmate reentry and reintegration
programs;
(2) provide offenders with:
(A) individualized case management and a full
continuum of care;
(B) life-skills training, including information
about budgeting, money management, nutrition, and exercise;
(C) education and, if an offender has a learning
disability, special education;
(D) employment training;
(E) appropriate treatment programs, including
substance abuse and mental health treatment programs; and
(F) parenting and relationship building classes;
and
(3) be designed to build for former offenders
post-release and post-discharge support from the community into
which an offender is released or discharged, including support from
agencies and organizations within that community.
(h) [(e)] In developing the reentry and reintegration plan
adopted under this section, the department shall ensure that the
reentry program for long-term inmates under Section 501.096 and the
reintegration services provided under Section 501.097 are
incorporated into the plan.
(i) Not later than September 1 of each even-numbered year,
the department shall deliver a report of the results of evaluations
conducted under Subsection (b)(7) to the lieutenant governor, the
speaker of the house of representatives, and each standing
committee of the senate and house of representatives having primary
jurisdiction over the department.
SECTION 4. Subchapter C, Chapter 501, Government Code, is
amended by adding Section 501.0921 to read as follows:
Sec. 501.0921. RISK AND NEEDS ASSESSMENT INSTRUMENT. (a)
The department shall adopt a standardized instrument to assess,
based on criminogenic factors, the risks and needs of each offender
within the adult criminal justice system.
(b) The department shall make the risk and needs assessment
instrument available for use by each community supervision and
corrections department established under Chapter 76.
(c) The department and the Windham School District shall
jointly determine the duties of each entity with respect to
implementing the risk and needs assessment instrument in order to
efficiently use existing assessment processes.
(d) The department shall specify a timeline for the testing,
adoption, and implementation of the risk and needs assessment
instrument. The department's timeline must provide for the use of
the instrument to be fully implemented not later than January 1,
2015. This subsection expires January 1, 2016.
SECTION 5. Section 501.098, Government Code, as added by
Chapter 643 (H.B. 1711), Acts of the 81st Legislature, Regular
Session, 2009, is reenacted and amended to read as follows:
Sec. 501.098. REENTRY TASK FORCE. (a) The department shall
establish a reentry task force and shall coordinate the work of the
task force with the Office of Court Administration. The executive
director shall ensure that the task force includes representatives
of [, and by rule shall enter into a memorandum of understanding
with] the following entities [to establish a reentry task force]:
(1) the Texas Juvenile Justice Department [Youth
Commission];
(2) the Texas Workforce Commission;
(3) the Department of Public Safety;
(4) the Texas Department of Housing and Community
Affairs;
(5) the Texas Correctional Office on Offenders with
Medical or Mental Impairments;
(6) the Health and Human Services Commission;
(7) the Texas Judicial Council; [and]
(8) the Board of Pardons and Paroles;
(9) the Windham School District;
(10) the Texas Commission on Jail Standards;
(11) the Department of State Health Services;
(12) the Texas Court of Criminal Appeals;
(13) the County Judges and Commissioners Association
of Texas;
(14) the Sheriffs' Association of Texas;
(15) the Texas District and County Attorneys
Association; and
(16) the Texas Conference of Urban Counties.
(b) The executive director shall appoint a representative
from each of the following entities to serve on the reentry task
force:
(1) a community supervision and corrections
department established under Chapter 76;
(2) an organization that advocates on behalf of
offenders;
(3) a local reentry planning entity; and
(4) a statewide [an] organization [selected by the
department] that advocates for or provides reentry or reintegration
services to offenders following their release or discharge from a
correctional facility.
(c) To the extent feasible, the executive director shall
ensure that the membership of the reentry task force reflects the
geographic diversity of this state and includes members of both
rural and urban communities.
(d) The executive director may appoint additional members
as the executive director determines necessary.
(e) [(b)] The reentry task force shall [established under
Subsection (a) may]:
(1) identify gaps in services for offenders following
their release or discharge to rural or urban communities in the
areas of employment, housing, substance abuse treatment, medical
care, and any other areas in which the offenders need special
services; and
(2) coordinate with providers of existing local
reentry and reintegration programs, including programs operated by
a municipality or county, to make recommendations regarding the
provision of comprehensive services to offenders following their
release or discharge to rural or urban communities.
(f) In performing its duties under Subsection (e), the
reentry task force shall:
(1) identify:
(A) specific goals of the task force;
(B) specific deliverables of the task force,
including the method or format in which recommendations under
Subsection (e)(2) will be made available; and
(C) the intended audience or recipients of the
items described by Paragraph (B);
(2) specify the responsibilities of each entity
represented on the task force regarding the goals of the task force;
and
(3) specify a timeline for achieving the task force's
goals and producing the items described by Subdivision (1)(B).
SECTION 6. Section 501.131, Government Code, is amended to
read as follows:
Sec. 501.131. DEFINITIONS [DEFINITION]. In this
subchapter:
(1) "Committee" [,"committee"] means the Correctional
Managed Health Care Committee.
(2) "Contracting entity" means an entity that
contracts with the department to provide health care services under
this chapter.
(3) "Medical school" means the medical school at The
University of Texas Health Science Center at Houston, the medical
school at The University of Texas Health Science Center at Dallas,
the medical school at The University of Texas Health Science Center
at San Antonio, The University of Texas Medical Branch at
Galveston, the Texas Tech University Health Sciences Center, the
Baylor College of Medicine, the college of osteopathic medicine at
the University of North Texas Health Science Center at Fort Worth,
or The Texas A&M University System Health Science Center.
SECTION 7. Section 501.133, Government Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) The committee consists of nine [five] voting members and
one nonvoting member as follows:
(1) one member employed full-time by the department,
appointed by the executive director;
(2) one member who is a physician and employed
full-time by The University of Texas Medical Branch at Galveston,
appointed by the president of the medical branch;
(3) one member who is a physician and employed
full-time by the Texas Tech University Health Sciences Center,
appointed by the president of the university;
(4) two members who are physicians, each of whom is
employed full-time by a medical school other than The University of
Texas Medical Branch at Galveston or the Texas Tech University
Health Sciences Center, appointed by the governor;
(5) two members appointed by the governor who are
licensed mental health professionals;
(6) two public members appointed by the governor who
are not affiliated with the department or with any contracting
entity [with which the committee has contracted to provide health
care services under this chapter], at least one of whom is licensed
to practice medicine in this state; and
(7) [(5)] the state Medicaid director or a person
employed full-time by the Health and Human Services Commission and
appointed by the Medicaid director, to serve ex officio as a
nonvoting member.
(c) A committee member appointed under Subsection (a)(7)
shall assist the department with developing the expertise needed to
accurately assess health care costs and determine appropriate
rates.
SECTION 8. Section 501.136, Government Code, is amended to
read as follows:
Sec. 501.136. APPOINTMENT; TERMS OF OFFICE; VACANCY [FOR
PUBLIC MEMBERS]. (a) The two committee members appointed under
Section 501.133(a)(4) serve concurrent four-year terms expiring on
February 1 following the fourth anniversary of the date of
appointment. On the expiration of the terms, the governor shall
appoint one member from each of the next two medical schools that,
based on an alphabetical listing of the names of the medical
schools, follow the medical schools that employ the vacating
members. A medical school may not be represented at any given time
by more than one member appointed under Section 501.133(a)(4).
(b) The two committee members appointed under Section
501.133(a)(5) serve concurrent four-year terms expiring on
February 1 following the fourth anniversary of the date of
appointment.
(c) Public [Committee] members appointed under Section
501.133(a)(6) [by the governor] serve staggered four-year terms,
with the term of one of those members expiring on February 1 of each
odd-numbered year.
(d) Other committee members serve at the will of the
appointing official or until termination of the member's employment
with the entity the member represents.
(e) If a vacancy occurs, the appropriate appointing
authority shall appoint a person, in the same manner as the original
appointment, to serve for the remainder of the unexpired term. If a
vacancy occurs in a position appointed under Section 501.133(a)(4),
the governor shall appoint a physician employed by the same medical
school as that of the vacating member.
SECTION 9. Section 501.146, Government Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) The committee shall develop and approve a managed health
care plan for all persons confined by the department that
[includes]:
(1) specifies the types and general level of care to be
provided to [the establishment of a managed health care provider
network of physicians and hospitals that will serve the department
as the exclusive health care provider for] persons confined [in
institutions operated] by the department; and
(2) ensures continued access to needed care in the
correctional health care system [cost containment studies;
[(3) care case management and utilization management
studies performed for the department; and
[(4) concerning the establishment of criteria for
hospitals, home health providers, or hospice providers, a provision
requiring the managed health care plan to accept certification by
the Medicare program under Title XVIII, Social Security Act (42
U.S.C. Section 1395 et seq.), and its subsequent amendments, as an
alternative to accreditation by the Joint Commission on
Accreditation of Healthcare Organizations].
(c) The committee shall provide expertise to the
department, and may appoint subcommittees to assist the department,
in developing policies and procedures for implementation of the
managed health care plan.
SECTION 10. Section 501.147, Government Code, is amended to
read as follows:
Sec. 501.147. POWERS AND DUTIES OF DEPARTMENT; AUTHORITY TO
CONTRACT. (a) The department, in cooperation with the contracting
entities, shall:
(1) establish a managed health care provider network
of physicians and hospitals to provide health care to persons
confined by the department; and
(2) evaluate and recommend to the board sites for new
medical facilities that appropriately support the managed health
care provider network.
(b) The department may:
(1) communicate with the legislature regarding the
financial needs of the correctional health care system;
(2) monitor the expenditures of a contracting entity
to ensure that those expenditures comply with applicable statutory
and contractual requirements;
(3) address problems found through monitoring
activities, including requiring corrective action if care does not
meet expectations as determined by those monitoring activities;
(4) identify and address long-term needs of the
correctional health care system;
(5) [enter into a] contract with any entity to fully
implement the managed health care plan under this subchapter,
including contracting for health care services and the integration
of those services into the managed health care provider network;
(6) contract with an individual for financial
consulting services and make use of financial monitoring of the
managed health care plan to assist the department in determining an
accurate capitation rate; and
(7) contract with an individual for actuarial
consulting services to assist the department in determining trends
in the health of the inmate population and the impact of those
trends on future financial needs.
(c) In contracting for the implementation of the managed
health care plan, the department shall:
(1) [A contract entered into under this subsection
must] include provisions necessary to ensure that the contracting
entity [The University of Texas Medical Branch at Galveston] is
eligible for and makes reasonable efforts to participate in the
purchase of prescription drugs under Section 340B, Public Health
Service Act (42 U.S.C. Section 256b); and[.]
(2) [(b) The department may contract with other
governmental entities for similar health care services and
integrate those services into the managed health care provider
network.
[(c) In contracting for implementation of the managed
health care plan, the department,] to the extent possible, [shall]
integrate the managed health care provider network with the
[public] medical schools [of this state] and the component and
affiliated hospitals of those medical schools. [The contract must
authorize The University of Texas Medical Branch at Galveston to
contract directly with the Texas Tech University Health Sciences
Center for the provision of health care services. The Texas Tech
University Health Sciences Center shall cooperate with The
University of Texas Medical Branch at Galveston in its efforts to
participate in the purchase of prescription drugs under Section
340B, Public Health Service Act (42 U.S.C. Section 256b).]
(d) For services that a governmental entity [the public
medical schools and their components and affiliates] cannot
provide, the department shall initiate a competitive bidding
process for contracts with other providers for medical care to
persons confined by the department.
[(e) The department, in cooperation with the committee, may
contract with an individual or firm for a biennial review of, and
report concerning, expenditures under the managed health care plan.
The review must be conducted by an individual or firm experienced in
auditing the state's Medicaid expenditures and other medical
expenditures. Not later than September 1 of each even-numbered
year, the department shall submit a copy of a report under this
section to the health care providers that are part of the managed
health care provider network established under this subchapter, the
Legislative Budget Board, the governor, the lieutenant governor,
and the speaker of the house of representatives.]
SECTION 11. Subchapter E, Chapter 501, Government Code, is
amended by adding Section 501.1471 to read as follows:
Sec. 501.1471. REPORT. (a) Not later than the 30th day
after the end of each fiscal quarter, the department shall submit to
the Legislative Budget Board and the governor a report that
contains, for the preceding quarter:
(1) the actual and projected expenditures for the
correctional health care system, including expenditures for unit
and psychiatric care, hospital and clinical care, and pharmacy
services;
(2) health care utilization and acuity data;
(3) other health care information as determined by the
governor and the Legislative Budget Board; and
(4) the amount of cost savings realized as a result of
contracting for health care services under this subchapter with a
provider other than the Texas Tech University Health Sciences
Center and The University of Texas Medical Branch.
(b) A contract entered into by the department for the
provision of health care services must require the contracting
entity to provide the department with necessary documentation to
fulfill the requirements of this section.
SECTION 12. Sections 501.148(a) and (b), Government Code,
are amended to read as follows:
(a) The committee may:
(1) develop statewide policies for the delivery of
correctional health care;
(2) [communicate with the department and the
legislature regarding the financial needs of the correctional
health care system;
[(3) in conjunction with the department, monitor the
expenditures of The University of Texas Medical Branch at Galveston
and the Texas Tech University Health Sciences Center to ensure that
those expenditures comply with applicable statutory and
contractual requirements;
[(4)] serve as a dispute resolution forum in the event
of a disagreement relating to inmate health care services between:
(A) the department and the health care providers;
or
(B) contracting entities [The University of
Texas Medical Branch at Galveston and the Texas Tech University
Health Sciences Center;
[(5) address problems found through monitoring
activities by the department and health care providers, including
requiring corrective action if care does not meet expectations as
determined by those monitoring activities;
[(6) identify and address long-term needs of the
correctional health care system]; and
(3) [(7)] report to the board [Texas Board of Criminal
Justice] at the board's regularly scheduled meeting each quarter on
the committee's policy recommendations[, the financial status of
the correctional health care system, and corrective actions taken
by or required of the department or the health care providers].
(b) The committee shall advise the department and the board
as necessary, including providing medical expertise and assisting
the department and the board in identifying system needs and
resolving contract disputes [evaluate and recommend to the board
sites for new medical facilities that appropriately support the
managed health care provider network].
SECTION 13. Sections 501.1485(a) and (b), Government Code,
are amended to read as follows:
(a) The department, in cooperation with any contracting
entity that is a medical school [The University of Texas Medical
Branch at Galveston and the Texas Tech University Health Sciences
Center], shall develop and implement a training program for
corrections medication aides that uses a curriculum specific to
administering medication in a correctional setting.
(b) In developing the curriculum for the training program,
the department and the medical school [, The University of Texas
Medical Branch at Galveston, and the Texas Tech University Health
Sciences Center] shall:
(1) consider the content of the curriculum developed
by the American Correctional Association for certified corrections
nurses; and
(2) modify as appropriate the content of the
curriculum developed under Chapter 242, Health and Safety Code, for
medication aides administering medication in convalescent and
nursing homes and related institutions to produce content suitable
for administering medication in a correctional setting.
SECTION 14. Subchapter E, Chapter 508, Government Code, is
amended by adding Section 508.1411 to read as follows:
Sec. 508.1411. NOTIFICATION OF PAROLE PANEL DECISION. (a)
For each decision of a parole panel granting or denying the release
of an inmate on parole, or denying the release of an inmate on
mandatory supervision, the parole panel shall:
(1) produce a written statement, in clear and
understandable language, that explains:
(A) the decision; and
(B) the reasons for the decision only to the
extent those reasons relate specifically to the inmate;
(2) provide a copy of the statement to the inmate; and
(3) place a copy of the statement in the inmate's file.
(b) In a written statement produced under Subsection (a),
the parole panel may withhold information that:
(1) is confidential and not subject to public
disclosure under Chapter 552; or
(2) the parole panel considers to possibly jeopardize
the health or safety of any individual.
(c) The board shall keep a copy of each statement produced
under Subsection (a) in a central location.
SECTION 15. Section 508.144, Government Code, is amended to
read as follows:
Sec. 508.144. PAROLE GUIDELINES AND RANGE OF RECOMMENDED
PAROLE APPROVAL RATES. (a) The board shall:
(1) develop according to an acceptable research method
the parole guidelines that are the basic criteria on which a parole
decision is made;
(2) base the guidelines on the seriousness of the
offense and the likelihood of a favorable parole outcome;
(3) ensure that the guidelines require consideration
of an inmate's progress in any programs in which the inmate
participated during the inmate's term of confinement; [and]
(4) establish and maintain a range of recommended
parole approval rates for each category or score within the
guidelines; and
(5) implement the guidelines.
(b) [If a board member or parole commissioner deviates from
the parole guidelines in voting on a parole decision, the member or
parole commissioner shall:
[(1) produce a written statement describing in detail
the specific circumstances regarding the departure from the
guidelines;
[(2) place a copy of the statement in the file of the
inmate for whom the parole decision was made; and
[(3) provide a copy of the statement to the inmate.
[(c) The board shall keep a copy of a statement made under
Subsection (b) in a central location.
[(d)] The board shall meet annually to review and discuss
the parole guidelines and range of recommended parole approval
rates [developed under Subsection (a)]. The board may consult
outside experts to assist with the review. The board shall
prioritize the use of outside experts, technical assistance, and
training in taking any action under Subsection (c). The board must
consider:
(1) how the parole guidelines and range of recommended
parole approval rates serve the needs of parole decision-making;
and
(2) the extent to which [how well] the parole
guidelines and range of recommended parole approval rates reflect
parole panel decisions [;] and
[(3) how well parole guidelines] predict successful
parole outcomes.
(c) [(e)] Based on the board's review [of the parole
guidelines] under Subsection (b) [(d)], the board may:
(1) update the guidelines by:
(A) including new risk factors; or
(B) changing the values of offense severity or
risk factor scores; or
(2) modify the range of recommended parole approval
rates under the guidelines, if:
(A) a modification is recommended as a result of
the peer review process under Section 508.1441; or
(B) parole approval rates differ significantly
from the range of recommended parole approval rates.
(d) [(f)] The board is not required to hold an open meeting
to review the parole guidelines and range of recommended parole
approval rates as required by Subsection (b) [(d)], but any
modifications or updates to the guidelines or range of recommended
parole approval rates made by the board under Subsection (c) [(e)]
must occur in an open meeting.
SECTION 16. Subchapter E, Chapter 508, Government Code, is
amended by adding Section 508.1441 to read as follows:
Sec. 508.1441. REVIEW OF DEVIATIONS; PEER REVIEW PANELS.
(a) The board shall conduct an annual review of the voting patterns
of each regional office and individual parole panel member to
identify the offices or members that have actual parole approval
rates in a fiscal year that deviate from the range of recommended
parole approval rates for a given category or score by more than
five percent either above or below the recommended range.
(b) The board shall develop and implement a peer review
process by which a panel will review the parole decisions of a
regional office identified by the board as deviating from the range
of recommended parole approval rates as described by Subsection
(a).
(c) The presiding officer shall designate the composition
of each peer review panel and shall designate panels composed of any
combination of board members and parole commissioners.
(d) In conducting a review, a peer review panel shall:
(1) review a reasonable sample of the cases of the
regional office under review that relate to the deviation;
(2) determine whether the deviation:
(A) was justified; or
(B) indicates a need for additional training, a
reexamination of the parole guidelines, or a modification of the
range of recommended parole approval rates to increase the
reliability, validity, or effectiveness of the guidelines or range;
and
(3) make recommendations to the regional office under
review to enable the office to more accurately align the office's
actual parole approval rates with the range of recommended parole
approval rates.
(e) A peer review panel shall provide the presiding officer
with a copy of any recommendations made under Subsection (d)(3).
(f) A regional office under review shall develop and submit
to the presiding officer for consideration and approval a plan to
implement recommendations made to the office under Subsection
(d)(3).
SECTION 17. Section 508.1445(b), Government Code, is
amended to read as follows:
(b) The report must include:
(1) a brief explanation of the parole guidelines,
including how the board:
(A) defines the risk factors and offense severity
levels; and
(B) determines the range of recommended parole
approval rates for each guideline score;
(2) a comparison of the range of recommended parole
approval rates under the parole guidelines to the actual approval
rates for individual parole panel members, regional offices, and
the state as a whole; [and]
(3) a description of instances in which the actual
parole approval rates do not meet the range of recommended parole
approval rates under the parole guidelines, an explanation of the
variations, and a list of actions that the board has taken or will
take to meet the guidelines; and
(4) a summary of each peer review panel's
recommendations and the results of any approved actions taken to
implement those recommendations, as described by Section
508.1441(f).
SECTION 18. The heading to Section 508.152, Government
Code, is amended to read as follows:
Sec. 508.152. INDIVIDUAL TREATMENT PLAN [PROPOSED PROGRAM
OF INSTITUTIONAL PROGRESS].
SECTION 19. Section 508.152, Government Code, is amended by
amending Subsections (b) and (d) and adding Subsections (b-1) and
(b-2) to read as follows:
(b) The department shall:
(1) establish for the inmate an individual treatment
plan [a proposed program of measurable institutional progress]; and
(2) submit the plan [proposed program] to the board at
the time of the board's consideration of the inmate's case for
release.
(b-1) The department shall include in an inmate's
individual treatment plan:
(1) a record of the inmate's institutional progress
that includes the inmate's participation in any program, including
an intensive volunteer program as defined by the department;
(2) the results of any assessment of the inmate,
including any assessment made using the risk and needs assessment
instrument adopted under Section 501.0921 and any vocational,
educational, or substance abuse assessment;
(3) the dates on which the inmate must participate in
any subsequent assessment; and
(4) all of the treatment and programming needs of the
inmate, prioritized based on the inmate's assessed needs.
(b-2) At least once in every 12-month period, the department
shall review each inmate's individual treatment plan to assess the
inmate's institutional progress and revise or update the plan as
necessary.
(d) Before the inmate is approved for release on parole, the
inmate must agree to participate in the programs and activities
described by the individual treatment plan [proposed program of
measurable institutional progress].
SECTION 20. Section 508.281, Government Code, is amended by
adding Subsection (e) to read as follows:
(e) Any hearing required to be conducted by a parole panel
under this chapter may be conducted by a designated agent of the
board. The designated agent may make recommendations to a parole
panel that has responsibility for making a final determination.
SECTION 21. Chapter 509, Government Code, is amended by
adding Section 509.0041 to read as follows:
Sec. 509.0041. USE OF RISK AND NEEDS ASSESSMENT INSTRUMENT.
The division shall require each department to use the risk and needs
assessment instrument adopted by the Texas Department of Criminal
Justice under Section 501.0921 to assess each defendant at the time
of the defendant's initial placement on community supervision and
at other times as required by the comprehensive reentry and
reintegration plan adopted under Section 501.092.
SECTION 22. Section 509.010(b), Government Code, is amended
to read as follows:
(b) Before the 30th day before the date of the meeting, the
division, the department that the facility is to serve, or a vendor
proposing to operate the facility shall:
(1) publish by advertisement that is not less than
3-1/2 inches by 5 inches notice of the date, hour, place, and
subject of the hearing required by Subsection (a) in three
consecutive issues of a newspaper of, or in newspapers that
collectively have, general circulation in the county in which the
proposed facility is to be located; and
(2) mail a copy of the notice to each police chief,
sheriff, city council member, mayor, county commissioner, county
judge, school board member, state representative, and state senator
who serves or represents the area in which the proposed facility is
to be located, unless the proposed facility has been previously
authorized to operate at a particular location as part of a
community justice plan submitted by a community justice council
under Section 509.007 [76.003].
SECTION 23. Section 509.011(a), Government Code, is amended
to read as follows:
(a) If the division determines that a department complies
with division standards and if the community justice council has
submitted a community justice plan under Section 509.007 [76.003]
and the supporting information required by the division and the
division determines the plan and supporting information are
acceptable, the division shall prepare and submit to the
comptroller vouchers for payment to the department as follows:
(1) for per capita funding, a per diem amount for each
felony defendant directly supervised by the department pursuant to
lawful authority;
(2) for per capita funding, a per diem amount for a
period not to exceed 182 days for each defendant supervised by the
department pursuant to lawful authority, other than a felony
defendant; and
(3) for formula funding, an annual amount as computed
by multiplying a percentage determined by the allocation formula
established under Subsection (f) times the total amount provided in
the General Appropriations Act for payments under this subdivision.
SECTION 24. Chapter 509, Government Code, is amended by
adding Sections 509.013 and 509.014 to read as follows:
Sec. 509.013. GRANT PROGRAM ADMINISTRATION. (a) In this
section, "grant program" means a grant program administered by the
division through which the division awards grants to departments
through an application process.
(b) The division shall:
(1) establish goals for each grant program that are
consistent with the purposes described by Section 509.002 and the
mission of the division;
(2) establish grant application, review, award, and
evaluation processes;
(3) establish the process by which and grounds on
which an applicant may appeal a decision of the division regarding a
grant application;
(4) establish and maintain a system to routinely
monitor grant performance;
(5) establish and make available to the public:
(A) all criteria used in evaluating grant
applications; and
(B) all factors used to measure grant program
performance;
(6) publish on the division's Internet website for
each grant awarded:
(A) the amount awarded;
(B) the method used in scoring the grant
applications and the results of that scoring; and
(C) additional information describing the
methods used to make the funding determination; and
(7) require each department to submit
program-specific outcome data for the division's use in making
grant awards and funding decisions.
Sec. 509.014. STUDY REGARDING PERFORMANCE-BASED FUNDING.
(a) The division shall:
(1) review the funding formulas specified under
Section 509.011 and study the feasibility of adopting
performance-based funding formulas, including whether the formulas
should take into consideration an offender's risk level or other
appropriate factors in allocating funding; and
(2) make recommendations for modifying the current
funding formulas.
(b) In conducting the study and making recommendations
under Subsection (a), the division shall:
(1) seek input from departments, the judicial advisory
council established under Section 493.003(b), and other relevant
interest groups; and
(2) in consultation with the Legislative Budget Board,
determine the impact of any recommendations on the allocation of
the division's funds as projected by the Legislative Budget Board.
(c) The division shall include in the reports prepared under
Sections 509.004(c) and 509.016(c):
(1) the findings of the study;
(2) any recommendations regarding modifying the
funding formulas; and
(3) the projected impact of the recommendations on the
allocation of the division's funds.
SECTION 25. Article 42.01, Code of Criminal Procedure, is
amended by adding Section 11 to read as follows:
Sec. 11. In addition to the information described by
Section 1, the judgment should reflect whether a victim impact
statement was returned to the attorney representing the state
pursuant to Article 56.03(e).
SECTION 26. Article 56.03(e), Code of Criminal Procedure,
is amended to read as follows:
(e) Prior to the imposition of a sentence by the court in a
criminal case, the court[, if it has received a victim impact
statement,] shall, as applicable in the case, inquire as to whether
a victim impact statement has been returned to the attorney
representing the state and, if a victim impact statement has been
returned to the attorney representing the state, consider the
information provided in the statement. Before sentencing the
defendant, the court shall permit the defendant or the defendant's
[his] counsel a reasonable time to read the statement, excluding
the victim's name, address, and telephone number, comment on the
statement, and, with the approval of the court, introduce testimony
or other information alleging a factual inaccuracy in the
statement. If the court sentences the defendant to a term of
community supervision, the attorney representing the state [court]
shall forward any victim's impact statement received in the case to
the community supervision and corrections department supervising
the defendant[, along with the papers in the case].
SECTION 27. Article 56.04, Code of Criminal Procedure, is
amended by adding Subsection (d-1) and amending Subsection (e) to
read as follows:
(d-1) The victim services division of the Texas Department
of Criminal Justice, in consultation with the Board of Pardons and
Paroles, law enforcement agencies, prosecutors' offices, and other
participants in the criminal justice system, shall develop
recommendations to ensure that completed victim impact statements
are submitted to the Texas Department of Criminal Justice as
provided by this chapter.
(e) On inquiry by the court, the attorney representing the
state [The victim assistance coordinator] shall make available
[send] a copy of a victim impact statement for consideration by [to]
the court sentencing the defendant. If the court sentences the
defendant to imprisonment in the Texas Department of Criminal
Justice, the court [it] shall attach the copy of the victim impact
statement to the commitment papers.
SECTION 28. Chapter 19, Education Code, is amended by
adding Section 19.0022 to read as follows:
Sec. 19.0022. SUNSET PROVISION. The Windham School District
is subject to review under Chapter 325, Government Code (Texas
Sunset Act). The district shall be reviewed during the period in
which the Texas Department of Criminal Justice is reviewed.
SECTION 29. Section 19.0041, Education Code, is amended to
read as follows:
Sec. 19.0041. PROGRAM DATA COLLECTION AND BIENNIAL
EVALUATION AND REPORT [OF TRAINING SERVICES]. (a) To evaluate the
effectiveness of its programs [training services provided to
persons confined or imprisoned in the department], the Windham
School District shall [consult with the Legislative Budget Board
to] compile and analyze information for each of its programs,
including performance-based information and data related to
academic, vocational training, and life skills programs [person who
receives the training services]. This information shall include for
each person who participates in district programs an evaluation of:
(1) institutional disciplinary violations;
(2) subsequent arrests;
(3) subsequent convictions or confinements;
(4) the cost of confinement;
(5) educational achievement;
(6) high school equivalency examination passage;
(7) the kind of training services provided;
(8) [(2)] the kind of employment the person obtains on
release;
(9) [(3)] whether the employment was related to
training;
(10) [(4)] the difference between the amount of the
person's earnings on the date employment is obtained following
release and the amount of those earnings on the first anniversary of
that date; and
(11) [(5)] the retention factors associated with the
employment.
(b) The Windham School District shall use the information
compiled and analyzed under Subsection (a) to biennially:
(1) evaluate whether its programs meet the goals under
Section 19.003 and make changes to the programs as necessary; and
(2) [Legislative Budget Board shall] submit a [an
annual] report to the board, the legislature, and the governor's
office [based on data compiled and analyzed under Subsection (a)].
(c) The Windham School District may enter into a memorandum
of understanding with the department, the Department of Public
Safety, and the Texas Workforce Commission to obtain and share data
necessary to evaluate district programs.
SECTION 30. The following provisions of the Government Code
are repealed:
(1) Section 493.009(i);
(2) Section 501.100; and
(3) Sections 501.148(c) and (d).
SECTION 31. Not later than October 1, 2013, each facility
under the oversight of the correctional institutions division of
the Texas Department of Criminal Justice shall establish a case
management committee as required by Section 493.031, Government
Code, as added by this Act.
SECTION 32. Not later than January 1, 2014:
(1) the Texas Department of Criminal Justice shall
adopt the comprehensive reentry and reintegration plan required by
Section 501.092, Government Code, as amended by this Act; and
(2) the executive director of the Texas Department of
Criminal Justice shall appoint representatives to serve on the
reentry task force as required by Section 501.098, Government Code,
as amended by this Act.
SECTION 33. Not later than September 1, 2016, the Texas
Department of Criminal Justice shall submit the first report
required by Section 501.092(i), Government Code, as added by this
Act.
SECTION 34. (a) Not later than January 31, 2014, the
governor shall appoint to the Correctional Managed Health Care
Committee one member from each of the first two medical schools, so
as to comply with the membership requirements of Section
501.133(a)(4), Government Code, as amended by this Act, based on an
alphabetical listing of the names of the medical schools.
(b) Not later than January 31, 2014, the governor shall
appoint to the Correctional Managed Health Care Committee two
members who are licensed health professionals, so as to comply with
the membership requirements of Section 501.133(a)(5), Government
Code, as added by this Act.
(c) Notwithstanding the terms of the members as provided by
Section 501.136(a), Government Code, as added by this Act, the
terms of the members appointed under this section expire February
1, 2017.
SECTION 35. Not later than the 30th day after the end of the
first quarter of fiscal year 2014, the Texas Department of Criminal
Justice shall submit the first report required by Section 501.1471,
Government Code, as added by this Act.
SECTION 36. Section 508.1411, Government Code, as added by
this Act, applies only to a decision of a parole panel made on or
after November 1, 2013. A decision of a parole panel made before
November 1, 2013, 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 37. Not later than January 1, 2014, the Board of
Pardons and Paroles shall:
(1) establish the range of recommended parole approval
rates required by Section 508.144(a), Government Code, as amended
by this Act; and
(2) develop and begin implementation of the peer
review process required by Section 508.1441, Government Code, as
added by this Act.
SECTION 38. Not later than January 1, 2014, the community
justice assistance division of the Texas Department of Criminal
Justice shall adopt forms, establish procedures, and take other
actions necessary to comply with the requirements of Section
509.013, Government Code, as added by this Act.
SECTION 39. Not later than January 1, 2017, the community
justice assistance division of the Texas Department of Criminal
Justice shall include in the reports submitted under Sections
509.004(c) and 509.016(c), Government Code, the findings,
recommendations, and projected impact of recommendations from the
first study conducted under Section 509.014, Government Code, as
added by this Act.
SECTION 40. Before January 1, 2014, the victim services
division of the Texas Department of Criminal Justice shall develop
the recommendations required by Article 56.04(d-1), Code of
Criminal Procedure, as added by this Act.
SECTION 41. This Act takes effect September 1, 2013.