sunsetcomm

TEXAS DEPARTMENT OF CRIMINAL JUSTICE



Report to the Texas Sunset Commission

Self Evaluation Report

August 19, 2005



TABLE OF CONTENTS

I. II. III. IV. V. VI. VII. Agency Contact Information.............................................................................................................. 1 Key Functions and Performance ........................................................................................................ 1 History and Major Events .................................................................................................................. 7 Policymaking Structure...................................................................................................................... 11 Funding .............................................................................................................................................. 18 Organization....................................................................................................................................... 21 Guide to Agency Programs................................................................................................................ Provide Prison Diversions Through Probation and Community-Based Programs..........................25 Special Needs Offenders.................................................................................................................34 Incarcerate Felons...........................................................................................................................38 Ensure and Maintain Adequate Facilities.......................................................................................48 Operate Parole System....................................................................................................................53 Statutory Authority and Recent Legislation ...................................................................................... 60 Policy Issues ...................................................................................................................................... 140 Other Contacts ................................................................................................................................... 145 Additional Information ...................................................................................................................... Complaint Data............................................................................................................................ HUB Data .................................................................................................................................... EEO Data..................................................................................................................................... 151 151 151 154



VIII. IX. X. XI.



XII.



Agency Comments............................................................................................................................. 156



Self-Evaluation Report



TEXAS DEPARTMENT OF CRIMINAL JUSTICE Self-Evaluation Report I.

A.



Agency Contact Information

Please fill in the following chart.

Texas Department of Criminal Justice Exhibit 1: Agency Contacts Name Address P. O. Box 99, Huntsville, TX 77342-0099 P. O. Box 13084, Capitol Station, Austin, TX 787113084 Telephone & Fax Numbers 512-936-2101 512-936-2123 512-463-9776 512-936-2169 E-mail Address exec.director@ tdcj.state.tx.us jeff.baldwin@ tdcj.state.tx.us



Agency Head Agency’s Sunset Liaison



Brad Livingston Jeff Baldwin



II. Key Functions and Performance

Provide the following information about the overall operations of your agency. More detailed information about individual programs will be requested in a later section. A. Provide an overview of your agency’s mission, objectives, and key functions.



The mission of the Texas Department of Criminal Justice is to provide public safety, promote positive change in offender behavior, reintegrate offenders into society, and assist victims of crime. The agency has five key functions as outlined in the General Appropriations Act and the agency’s strategic plan. Those functions are: Provide diversions to traditional prison incarceration by the use of community supervision and other community-based programs. The primary objective of this function is to distribute state financial aid to community supervision and corrections departments and community service providers that will provide basic supervision and innovative diversionary programs that impact the demand for additional prison capacity. Provide a comprehensive continuity of care system for special needs offenders through statewide collaboration and coordination. The primary objective of this function is to provide for the diversion of special needs offenders into community-based alternatives to incarceration. Another important objective is the coordination of programs and care for special needs offenders which facilitates successful release and reentry into the community.



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Provide for confinement, supervision, rehabilitation and reintegration of adult felons. The two primary objectives of this function are to provide for the safe and secure confinement of the inmate population, including the provision of basic necessities and to provide programs and services which support rehabilitation, reintegration and the successful reentry of offenders into the community. Ensure and maintain adequate housing and support facilities for convicted felons during confinement. The primary objective of this function is to provide and maintain safe, secure correctional facilities of sufficient capacity to house offenders sentenced by the courts or revoked by the Board of Pardons and Paroles. Provide supervision and administer the range of options and sanctions available for felons’ reintegration into society following release from confinement. There are several primary objectives of this function: determining the release of eligible inmates through parole or executive clemency; supervising and assisting parolees in adjusting to community life; and when necessary, applying appropriate sanctions to those who fail to comply with conditions of release.



B.



Do each of your key functions continue to serve a clear and ongoing objective? Explain why each of these functions is still needed. What harm would come from no longer performing these functions?



Each of the functions described above serves a clear and ongoing objective, and makes an important contribution to public safety; consequently, no longer performing any of the functions would adversely impact public safety. For example, to no longer provide diversions to traditional prison incarceration by the use of community supervision and other community-based programs would leave many convicted felons in the community with little or no supervision. In addition to jeopardizing public safety, no longer performing this function would likely result in more offenders being sentenced to incarceration because judges and juries would find the alternative (remaining in the community without supervision) unacceptable. The cost of incarcerating additional offenders would in all likelihood greatly exceed any savings from discontinuing community supervision funding. To no longer provide a comprehensive continuity of care system for special needs offenders would make supervision of one of the most challenging populations much more difficult, increasing the likelihood that these offenders would re-offend or commit other violations of probation. Consequently, public safety would be negatively impacted, and the cost of incarceration would increase as more offenders are sentenced to prison. In addition, programs intended to facilitate the successful release of offenders with mental illness and other special needs would be terminated or negatively affected, thereby impacting inmate population growth. To no longer provide for incarceration and the basic necessities which make the safe and secure confinement and supervision of incarcerated offenders possible would impact public safety. To cease providing rehabilitation and reintegration service for the inmate population has an equally direct impact as those programs that address issues such as chemical addiction and lack of education and job skills which lessen the likelihood of re-offending.

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Should the department not ensure and maintain adequate housing and support facilities for convicted felons during confinement, there would not be adequate secure correctional capacity to house the offender population sentenced by the courts or revoked by the parole board. County jails could become dangerously overcrowded in the absence of adequate state capacity, or early releases might be necessary to control inmate population growth. Should the department and the Board of Pardons and Paroles no longer determine the release of eligible inmates through parole or executive clemency, many convicted felons would remain in the community with little or no supervision to ensure public safety. For those offenders on parole who refuse to comply with the conditions of their release, no sanctions would be applied. Many other convicted felons would remain incarcerated without the prospect of release via parole, thereby increasing the prison population while providing less incentive for good behavior for the inmate population.

C. What evidence can your agency provide to show your overall effectiveness and efficiency in meeting your objectives?



There are numerous performance measures designed to demonstrate whether the agency is effectively and efficiently meeting its objectives. Information regarding the agency’s accomplishments relative to these performance measures is provided in Section II of the report, but a few worth noting include escape rates, recidivism rates and cost-per-day. The agency’s low escape and recidivism rates demonstrate effectiveness relative to other correctional systems, and the low cost-per-day demonstrates efficiency is achieved as well.

D. Does your agency's enabling law continue to correctly reflect your mission, objectives, and approach to performing your functions? Have you recommended changes to the Legislature in the past to improve your agency's operations? If so, explain. Were the changes adopted?



The department’s enabling legislation continues to correctly reflect our mission, objectives and approach to performing our functions. However, the agency does periodically bring forward recommendations to the Legislature for statutory changes intended to positively impact agency operations. For example, the agency brought forward ten suggestions for statutory changes to the members of the 79th Legislature, and nine were enacted into state law. The agency’s recommendations to the 79th Legislature are discussed in Section VIII of this report.

E. Do any of your agency's functions overlap or duplicate those of another state or federal agency? Explain if, and why, each of your key functions is most appropriately placed within your agency. How do you ensure against duplication with other related agencies?



Each of the agency’s functions is appropriately placed within TDCJ, as no other state agency is responsible for the incarceration and supervision of the adult convicted felons. The Texas Youth Commission and the Juvenile Probation Commission have similar responsibilities for the juvenile offender population. Federal agencies such as the Federal Bureau of Prisons perform similar

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functions for adult felons convicted under federal law. The department coordinates with numerous state, federal and local criminal justice agencies to ensure appropriate information sharing among agencies and to avoid duplication. The agency uses memorandums of understanding and interagency contracts where appropriate, and frequently uses informal communication and staff contact. Since the agencies have separate responsibilities regarding the offender population, avoiding duplication is often less of a concern than is coordination to ensure offenders receive appropriate services and supervision as they move through and out of the criminal justice system.

F. In general, how do other states carry out similar functions?



Virtually every state provides for incarceration, rehabilitation and street supervision of offenders in a similar matter. However, they differ in several important aspects, including whether the incarceration, probation and parole functions are combined into a single agency like the Texas Department of Criminal Justice or are placed in separate agencies. In addition, unlike Texas, some states merge the probation and parole functions into a single function. Also, there is variation among the states as to whether probation and/or parole are state or local functions.

G. What key obstacles impair your agency's ability to achieve its objectives?



The most important challenge impacting the agency’s ability to achieve its objective is the successful recruitment and retention of qualified staff. For example, there are currently three thousand vacancies among the department’s correctional officer positions. Such a large number of vacancies places greater demands on existing staff and limits the work opportunities available to the offender population. The long term success of any organization is determined by the quality of its workforce.

H. Discuss any changes that could impact your agency's key functions in the future (e.g., changes in federal law or outstanding court cases).



Although there are pending changes in federal law and outstanding court cases which could have an impact on the agency, none have an obvious significant impact. The most significant change that could potentially impact agency operations would be inmate population growth that is greater than anticipated. Inmate population growth which substantially exceeds expectations has both budget and policy implications which can significantly impact the functions of the agency. Changing demographics among the offender population also significantly impact the agency. For example, there are a growing number of inmates age 55 and over. Medical expenses for this population significantly exceed those for the typical offender.

I. What are your agency's biggest opportunities for improvement in the future?



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The successful recruitment and retention of qualified staff is both one of the agencies biggest obstacles and biggest opportunities for improvement. The 79th Legislature enacted a number of measures which will benefit TDCJ employees, and the agency is publicizing those actions in order to bolster recruiting and retention efforts. Actions taken by the Legislature include: a four percent pay raise in Fiscal Year 2006 followed by an additional three percent pay raise in Fiscal Year 2007; an increase in hazardous and longevity pay; a low-interest home loan for employees drawing hazardous duty; and maintenance of the benefits and retirement package. Yet another opportunity involves community supervision. The 79th Legislature appropriated an additional $55 million for reduced caseloads and other community supervision programs intended to divert offenders from incarceration. This infusion of funding offers the opportunity to expand and improve community supervision programs and to further demonstrate their effectiveness in reducing the demand for prison capacity. Another important opportunity involves recidivism and reentry. The importance of facilitating the successful reentry of offenders into society is becoming increasingly recognized at both the state and federal level. In addition to having received additional appropriations for this purpose, the department is reviewing its practices and reaching out to resources in the community in order to increase the likelihood of successful reentry. Recidivism rates are already low relative to the national average, but any further reduction would enhance public safety and reduce the demand for additional prison beds.

J. In the following chart, provide information regarding your agency's key performance measures included in your appropriations bill pattern, including outcome, input, efficiency, and explanatory measures. See Example 2 or click here to link directly to the example.

Texas Department of Criminal Justice Exhibit 2: Key Performance Measures - Fiscal Year 2004 Key Performance Measures A.1.1. Average Number of Felony Offenders under Direct Supervision A.1.3. Number of Residential Facility Beds Funded through Community Corrections B.1. Percent Reduction in Arrests B.1.1. Number of Special Needs Offenders Served Through the Continuity of Care Programs C.1. Escaped Offenders as Percentage of Number of Offenders Incarcerated C.1. Three-year Recidivism Rate

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FY 2004 Target 160,579



FY 2004 Actual Performance 156,981



FY 2004 % of Annual Target 97.76%



608 25.00% 12,500



604 33.5% 23,742



99.34% 134.0% 189.94%



0.00% 33.00%

5



0.0013% 28.3% *



0.00% 85.8%

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C.1. Turnover Rate of Correctional Officers C.1.1. Average number of Offenders Incarcerated C.1.2. Support Services Cost Per Inmate Day



18.0% 138,877 $8.04



21.5% 137,481 $7.98



119.44% 98.99% 99.25%



Key Performance Measures C.1.3. Psychiatric Inpatient Average Daily Census C.1.4. Average Number of Inmates under Correctional Managed Health Care C.1.4. Medical Care Cost Per Inmate Day C.1.5. Average Number of Inmates in Contractual Correctional Bed Capacity C.2.1. Number of Inmates Assigned to the Texas Correctional Industries Program C.2.2. Inmate Students Enrolled C.2.3. Number of Sex Offenders Receiving Psychological Counseling While on Parole/Mandatory Supervision C.2.4. Number of Confinees Completing Treatment in Substance Abuse Felony Punishment Facilities (SAFPF) C.3.1. Average Number of Offenders in Contract Prisons and Privately Operated State Jails E.1.1. Number of Parole Cases Considered E.1.2. Number of Parole Cases Processed E.2. Releasee Annual Revocation Rate E.2.1. Number of Pre-revocation Warrants Issued



FY 2004 Target 1,950



FY 2004 Actual Performance 1,982



FY 2004 % of Annual Target 101.62%



139,274



144,292



103.60%



$5.66



$5.61



99.12%



0.00



0.00



0.00%



7,200 13,563



6,016 14,988



83.56% 110.51%



1,562



1,814



116.13%



5,800



5,360



92.41%



11,172



11,236



100.58%



78,000 38,147 12.70% 37,600



82,294 41,725 11.00% 34,743



105.51% 109.38% 86.61% 92.40%



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E.2.2. Average Number of Pre-parole Transferees in Pre-parole Transfer Facilities E.2.2. Average Number of Releasees in Intermediate Sanction Facilities



2,300



2,255



98.04%



1,612



1,693



104.99%



• LBB Statewide Criminal Justice Recidivism and Revocation Rates, January 2005



III. History and Major Events

Texas Department of Criminal Justice 1829 Congress of the Mexican State of Coahuila y Texas adopted resolutions to establish first Texas prison. Prison system established in Texas and first began to house prisoners. Probation system established. Texas Prison Board established and given oversight authority. Board of Pardons and Paroles created by constitutional amendment, with authority given to the Governor to recommend paroles and acts of executive clemency. The division of parole supervision established and funds appropriated to employ professional parole officers. The Legislature instituted mandatory supervision for offenders released based upon good time plus calendar time calculations for all offenders, regardless of the nature of their offense. In 1987 and in subsequent years, offenders serving time for certain categories of offenses, including most violent offenses, were made ineligible for mandatory supervision release. Judge William Wayne Justice's original Ruiz memorandum opinion was issued December 12th stating that Texas Department of Corrections (TDC) imposed cruel and unusual punishment (reversed in part in 1982). The United States Court of Appeals-Fifth Circuit upheld Judge Justice's finding (Ruiz lawsuit) that TDC imposed cruel and unusual punishment; however, the Appellate Court reversed some of the more specific remedial measures ordered by Judge Justice. Constitution amended to remove the Governor from the parole process; Board of Pardons and Paroles established as a statutory agency with authority to approve

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1849 1913 1926 1936



1957



1977



1980



1982



1983



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paroles, revoke paroles, and issue warrants for the arrest of offenders violating conditions of release. 1989 The Texas Department of Criminal Justice (TDCJ) was created by House Bill (HB) 2335, 71st Legislature, from the Department of Corrections (previously known as the Institutional Division [ID]) now the Correctional Institutions Division [CI Division], the supervision function from the Board of Pardons and Paroles (now the Parole Division) and the Adult Probation Commission (now the Community Justice Assistance Division [CJAD]). During the 72nd Legislature, HB 93 established a program to confine and treat offenders with a history of substance abuse in an in-prison therapeutic community and created the concept of a Substance Abuse Felony Punishment Facility. Additionally, the TDCJ was given a statutory deadline of September 1, 1995, to accept all inmates from county jails within 45 days of paper-ready status. The Ruiz Final Judgment consolidated all previous stipulations, agreements, and orders related to the lawsuit, and allowed the TDCJ to be governed by Departmental policies and procedures. During the 73rd Legislature, Senate Bill (SB) 532 created the State Jail Division of the TDCJ; SB 1067 created the offense category of state jail felony and redefined selected offenses as state jail felonies. HB 1433, 74th Legislature, made mandatory supervision discretionary for any offender with an offense committed on or after September 1, 1996, by granting the Board of Pardons and Paroles the authority to block a scheduled mandatory supervision release based on factors such as an assessment of risk to the public. HB 2162 made numerous changes to the TDCJ statutes, including: equalizing good conduct time for offenders in transfer facilities; replacement of the county-by-county prison allocation formula with a scheduled admissions policy; replacement of the related funding formula for community corrections program funds with a two-factor formula; extending the maximum length of stay for a prison-bound inmate in a transfer facility from 12 to 24 months; elimination of authority for furloughs from the Institutional Division (now known as the Correctional Institutions Division); and clarifying the shared responsibilities of the Community Justice Assistance Division and the State Jail Division for work and rehabilitation programs in state jails. During the summer of 1995, the TDCJ brought into the system inmates from county jails, satisfying the statutory deadline (HB 93, 1991) that by September 1, 1995, all inmates would be accepted from county jails within 45 days of paper-ready status. In March 1996, Attorney General Dan Morales filed, on behalf of the TDCJ, a Motion to Terminate the 1992 Ruiz Final Judgment pursuant to Rule 60(b), Federal Rules of Civil Procedure. Congress enacted the Prison Litigation Reform Act (PLRA) in April

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1991



1992



1993



1995



1996



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1996. The statute at 18 U.S.C. §3626 attempts to affect prison conditions litigation by: requiring that the district court find that the existing prospective relief “remains necessary to correct a current and ongoing violation of [a] Federal right, and that the prospective relief is narrowly drawn and the least intrusive means to correct the violation” [subsection (b)(3)]; requiring immediate termination of prospective relief such as the Final Judgment [subsection (b)(2)]; requiring a prompt ruling on motions for relief; requiring an automatic stay of prospective relief unless the district court finds that relief remains necessary to correct a current or ongoing constitutional violation [subsection (e)(2)]; and requiring automatic termination of decrees on the second anniversary of the PLRA [subsection (b)(1)]. In September 1996, the Attorney General filed a Motion to Terminate pursuant to the PLRA. 1997 During the 75th Legislature, HB 819 created the Programs and Services Division of the TDCJ (now the Rehabilitation and Reentry Programs Division) to administer rehabilitation and reentry programs. HB 2918 required the TDCJ Parole Division to create a Super-Intensive Supervision Parole (SISP) category for violent mandatory supervision releasees and parolees who need a very high degree of supervision, as determined by the Board of Pardons and Paroles. Under SISP, releasees who pose a significant threat to public safety face supervision measures whose scope is "construed in the broadest possible manner consistent with constitutional constraints." SB 367 prohibited private prisons that lack a contractual relationship with a governmental body, and gave the Commission on Jail Standards legal authority to regulate the housing of out-of-state inmates in local jails. The Legislature enacted significant restrictions on the location of correctional or rehabilitative facilities, providing for public notification and local veto authority, in HB 1550. In HB 2909, community supervision and parole officers were authorized to carry handguns in the discharge of their duties. The TDCJ participated in the Sunset review process. As passed by the 76th Legislature, the Sunset bill amended the Agency’s mission statement to include victim services; eliminated statutory restrictions on organizational structure; clarified statutory objectives of Texas Correctional Industries; and created a civil commitment process for violent sexual predators. The 76th Legislature enacted other Sunset legislation affecting the Board of Pardons and Paroles (SB 352) and the Correctional Managed Health Care Committee (SB 371). On March 1, 1999, Judge William Wayne Justice issued a 167-page opinion in the Ruiz litigation finding that the TDCJ violated the 8th Amendment in three respects: excessive use of force, conditions in administrative segregation, and failure to protect vulnerable inmates. The opinion found that the system is not unconstitutional, though deficient, in the area of health and psychiatric care. Judge Justice also ruled that the PLRA is unconstitutional, but entered an “Alternative Order” under the PLRA to be triggered in the event the 5th Circuit disagreed with the holding. The 77th Legislature enacted a procedure for convicted persons to request DNA testing (SB 3), reform of the system for appointing and compensating criminal

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1998-1999



2000-2001



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defense counsel (SB 7), and liberalized compensation for wrongful imprisonment (SB 536). In the corrections realm, the legislature enacted a new Interstate Compact for Adult Offender Supervision (HB 2494), the “Safe Prisons Program” (SB 1, General Appropriations Act, TDCJ Rider 73), requirements for enhanced monitoring of private facilities under contract (HB 776 and SB 1, TDCJ Rider 68), and liberalized provisions for crediting time served under parole supervision (HB 1649). On March 20, 2001, the 5th Circuit panel issued a Ruiz decision, holding that: the PLRA is constitutional and the district court had 90 days (June 18) to follow the mandate of the PLRA, which is to make written findings that explain why provisions of the Ruiz Final Judgment remain necessary to address ongoing constitutional violations, that the provisions are narrowly tailored, and are the least intrusive means to address the constitutional violations. The June 18th Order held that the following areas of the Ruiz Final Judgment are free from court oversight as of the date of the Order: Staffing, Support Services Inmates (Building Tenders), Discipline, Access to Courts, Visiting, Crowding, Internal Monitoring and Enforcement, Health Services, and Death Row. On October 12, 2001, Judge William Wayne Justice issued an order detailing remedial actions in the three remaining areas and setting a target date for the end of jurisdiction on July 1, 2002. The State appealed the order but did not seek a stay pending the appeal. 2002 In the weeks before the Plaintiff’s June 1, 2002 deadline to object to termination, Plaintiffs’ counsel engaged in extensive discussions with the TDCJ management and the Office of the Attorney General. The deadline was extended by agreement to June 10th, and on June 7th, the parties met with Judge Justice to convey Plaintiffs’ counsel’s decision not to object to termination. On June 17, 2002, Judge Justice signed a one-page order dismissing the case. On September 24, 2002, the longstanding Guajardo class action, governing the inmate correspondence rules, was terminated by United States District Judge Lee Rosenthal, pursuant to the Prison Litigation Reform Act (PLRA). The state’s budget deficit dominated the landscape of the 78th Legislature. The TDCJ's operating budget for FY 2004-05 was reduced by approximately $240 million, or approximately 4.7 percent compared to the original FY 2002-03 funding level. More than 1,700 positions were eliminated, impacting virtually all support functions (security and parole officer positions were not reduced). Appropriations for food, utilities and other basic operational items were reduced. Although funding for many rehabilitative programs was maintained at the FY 2002-03 level, funding for several programs was reduced or eliminated. The Criminal Justice Policy Council (CJPC) was eliminated effective September 1, 2003. Significant criminal justice legislation included: a requirement that judges grant community supervision for first time drug possession state jail felonies (HB 2668); expansion of eligibility and improved procedures for "medically recommended intensive supervision" (HB 1670); wholesale revision to the statute governing competency to stand trial (SB 1057); a requirement that non-violent offenders be reviewed annually for parole release, and that others be set off for up to five years (SB 917); and a reduction in the amount of time allowed to

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process a parole revocation for a technical violation (SB 880). In the 3rd Called Session, the Board of Pardons and Paroles was reorganized in HB 7 (Article 11). TDCJ streamlined the agency’s organizational structure, combining four separate divisions, the Institutional, State Jail, Operations and Private Facilities Divisions, into a single Correctional Institutions Division. 2005 The 79th Legislature responded to projections of inmate population growth by appropriating additional funding for: contract temporary capacity; community corrections facilities and reduced community supervision caseloads; and substance abuse treatment for parolees. The Legislature also enacted several measures significantly impacting TDCJ employees, to include: a four percent pay raise in FY 2006 followed by an additional three percent pay raise in FY 2007; an increase in hazardous duty and longevity pay; a low-interest home loan for employees drawing hazardous duty; and maintenance of the state’s benefit and retirement package. Significant criminal justice legislation enacted by the 79th Legislature included SB 60, making life without the possibility of parole a sentencing option in capital crimes; HB 1068, creating the Texas Forensic Science Commission and HB 2036, providing for the licensing and regulation of sex offender treatment providers and the treatment of sex offenders.



IV. Policymaking Structure



A. Complete the following chart providing information on your policymaking body members.

Texas Department of Criminal Justice Exhibit 3: Policymaking Body Term/ Appointment Dates/ Appointed by ___ (e.g., Governor, Lt. Governor, Speaker) Appointed 4/2001 Term expires 2/2007 Appointed by Governor Appointed 4/2001 Term Expires 2/2007 Appointed by Governor Appointed 3/1999 Term Expires 2/2005 Appointed by Governor Appointed 1/2004 Term expires 2/2009

11



Member Name



Qualification (e.g., public member, industry representative)



City



Christina Melton Crain, Chairman



Public Member



Dallas



Adrian A. Arriaga



Public Member



McAllen



Judge Mary Bacon Oliver J. Bell

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Public Member Public Member



Houston Austin

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Greg S. Coleman



Patricia A. Day



Don B. Jones



Pierce Miller



William H. Moody



Appointed by Governor Appointed 8/2003 Term expires 2/2009 Appointed by Governor Appointed 2/1997 Term expires 2/2003 Appointed by Governor Appointed 2/1999 Term Expires 2/2005 Appointed by Governor Appointed 2/2001 Term expires 2/2007 Appointed by Governor Appointed 6/1998 Term expires 2/2005 Appointed by Governor



Public Member



Austin



Public Member



Dallas



Public Member



Midland



Public Member



San Angelo



Public Member



Kerrville



B. Describe the primary role and responsibilities of your policymaking body.



The Texas Board of Criminal Justice (TBCJ/Board) governs the operations of the Texas Department of Criminal Justice (TDCJ/Agency), which provides for confinement, supervision and rehabilitation of convicted felons (Sec. 492.001, Texas Government Code). The Board does so primarily by employing the Executive Director, by setting rules and policies that guide the Agency, and by considering other Agency actions at its regularly scheduled meetings. Topics under the jurisdiction of the Board are extremely varied, and include: setting standards for the operation of community supervision and parole supervision services; overseeing facility construction, prison industries and extensive agricultural operations; approving significant contracts that are expected to meet or exceed $1 million in value including contracts for provision of private correctional services; controlling critical policies on the treatment of inmates, such as use of force, discipline and access to courts; and reviewing lawsuits from torts and contracts to employment and prison law. The Board is also responsible for appointing, along with the Agency's Executive Director, an Inspector General, a Director of Internal Audits and a Director of State Counsel for Offenders.

C. How is the chair selected?



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Per Sec. 492.005, Texas Government Code, the Chairman is appointed by and serves at the pleasure of the Governor.

D. List any special circumstances or unique features about your policymaking body or its responsibilities.



The Board also serves in a separate capacity as the Board of Trustees for the Windham School District (WSD) by hiring a Superintendent and providing similar oversight. Windham is the school district created by state law to operate within prisons and provide education to inmates.

E. In general, how often does your policymaking body meet? How many times did it meet in FY 2004? in FY 2005?



The TBCJ attempts to hold a regular meeting at least every odd-numbered month of the year, but is required to meet at least once each quarter of the calendar year (Sec. 492.005, Texas Government Code). Additional special called meetings can be held at the discretion of the Chairman. In conjunction with the regular meetings, the Board will typically schedule an executive session and a meeting of the WSD Board of Trustees. Board committee meetings are also routinely held in conjunction with these meetings. During FY 2004, the Board held six regular meetings and two special called meetings; the WSD Board of Trustees held the same. During FY 2005, the Board held six regular meetings and one special called meeting, while the WSD Board of Trustees held 6 regular meetings.



F. What type of training do members of your agency’s policymaking body receive?



As required by Sec. 492.0031, Texas Government Code, Board members must complete a training program before they vote, deliberate or can be counted as a member in attendance at a meeting of the Board. Training, which is provided by the Agency, is conducted shortly after new members are appointed. This training includes, but is not limited to, information on the following topics: legislation that created the department and the board; the programs operated by the department; the role and functions of the department; the rules of the department, with an emphasis on the rules that relate to disciplinary and investigatory authority; the current budget for the department; the results of the most recent formal audit of the department; the requirements of the open meetings law, Chapter 551; the public information law, Chapter 552; the administrative procedure law, Chapter 2001; and all other laws relating to public officials, including conflict of interest laws; and any applicable ethics policies adopted by the department or the Texas Ethics Commission.

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As necessary, in addition to this new member training, the Agency provides Board members with relevant information regarding requirements of their office, to include responsibilities related to standards of conduct.

G. Does your agency have policies that describe the respective roles of the policymaking body and agency staff in running the agency? If so, describe these policies.



The following policies describe the respective roles of the Board and the TDCJ in running the agency: Board Rule 151.3 Texas Board of Criminal Justice Operating Policy – establishes uniform procedures for the TBCJ to conduct business. Board Policy-01.01 Texas Board of Criminal Justice Responsibilities – establishes the division of responsibilities between the TBCJ and the TDCJ. Board Policy-01.03 Delegation of Authority to Manage and Administer the Texas Department of Criminal Justice – formalizes the delegation of authority from the TBCJ to the TDCJ Executive Director to carry out the management and administration of the Agency. Board Policy-01.07 Inspector General Policy Statement – sets out the employment, responsibilities and reporting authority of the Inspector General. Board Policy-02.08 Policy Statement of Internal Controls – establishes that a system of internal controls shall exist to ensure the effective discharge of responsibilities by the TBCJ, the TDCJ Executive Director and Agency employees. Board Policy-13.36 State Counsel for Offenders – sets out the employment, responsibilities and reporting authority of the Director of State Counsel for Offenders. Board Policy-14.02 Internal Audit Policy Statement – sets out the employment, responsibilities and reporting authority of the Director of the Internal Audit Division. The following policies describe the respective roles of the WSD Board of Trustees and the WSD in running the District: Board Rule 300.2 Windham School District Board of Trustees Operating Policy – establishes uniform procedures for the WSD Board of Trustees to conduct business. WSD Policy Statement, Section 1.00 – sets out the employment, responsibilities and reporting authority of the WSD Superintendent.

H. What information is regularly presented to your policymaking body to keep them informed of your agency's performance?

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At regular meetings of the Board, in addition to information on routine business that requires TBCJ approval by Texas Statute, the TDCJ Executive Director, as well as the Presiding Officer of the Board of Pardons and Paroles and the Chairman of the Judicial Advisory Council are afforded the opportunity to provide a public report on topics under their oversight. The Chairman of the Advisory Committee on Offenders with Medical and Mental Impairments is also afforded this opportunity at least twice a year or at the discretion of the Chairman. In conjunction with all regularly scheduled meetings, and at times otherwise requested by the Committee Chairmen, committee meetings are held for divisional staff and outside organizations to provide detailed reports on new and on-going programs, as well as operational issues and statistical updates. Typically, several committee meetings are held the day prior to a regularly scheduled meeting with the majority of the Board in attendance. Bimonthly divisional summaries from all TDCJ divisions as well as the divisions reporting directly to the Board, are provided to Board members on a regular basis. These summaries highlight significant initiatives or milestones, as well as provide progress updates on program implementation or achievements. In certain cases, where appropriate, these bimonthly reports are utilized for a more specific purpose. For instance, the Internal Audit Division’s bimonthly report provides status updates on the Board’s Approved Annual Audit Plan. Various other Agency reports, such as the TDCJ Annual Report, the TDCJ Fiscal Year Summary and the TDCJ Annual Financial Report are also provided to the Board for review. Directly related to performance, copies of all audit reports conducted on the Agency by both the TDCJ Internal Audit Division and the State Auditors Office are provided to the Board upon their completion.

I. How does your policymaking body obtain input from the public regarding issues under the jurisdiction of the agency? How is this input incorporated into the operations of your agency?



The TBCJ has an established board rule regarding Public Testimony and Comments to the Texas Board of Criminal Justice (Sec.151.4, Texas Administrative Code [TAC]). This rule establishes procedures by which individuals have the opportunity to provide public testimony on items that are a part of a Board meeting’s posted agenda, to give public comment on issues within the jurisdiction of the Board, and to request items be placed on a Board meeting agenda for discussion. Regarding public testimony on agenda topics, as laid out in procedure, the Board has the ability to discuss and consider this testimony prior to a vote being taken on the matter at hand. Twice a year, the Board provides an opportunity for public comment on issues that are not a part of the Board’s posted agenda but are within the jurisdiction of the Board. As these topics are not a part of the meeting’s posted agenda, the Board may not deliberate on these items at the meeting, but the Chairman has the discretion to place such items on a future agenda, if warranted. All public comments are noted at the meeting with the Agency’s written response to those comments being available upon request.

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Regarding requests for items to be placed on a Board meeting agenda, the decision whether to calendar a matter for discussion before the full Board, a Board committee, a Board liaison, or with a designated staff member is within the discretion of the Chairman.

J. If your policymaking body uses subcommittees or advisory committees to carry out its duties, fill in the following chart. See Exhibit 4 Example or click here to link directly to the example.

Texas Department of Criminal Justice Exhibit 4: Subcommittees and Advisory Committees Name of Subcommittee or Advisory Committee Audit and Review Committee Size/Composition/How are members appointed? Four members of the Board, appointed by the Chairman Purpose/Duties Provide oversight to and bring forth consensus recommendations on activities for the TDCJ Administrative Review and Risk Management Division, the Internal Audit Division and the Office of the Inspector General. Provide oversight to and bring forth consensus recommendations on activities for the TDCJ Community Justice Assistance Division and the Parole Division Provide oversight to and bring forth consensus recommendations on activities for Windham School District Provide oversight to and bring forth consensus recommendations on activities for the TDCJ Health Services Division and Correctional Managed Health Care, as well as the Texas Correctional Office on Offenders with Medical and Mental Impairments Legal Basis for Committee TAC Sec. 151.3



Community Corrections Committee



Four members of the Board, appointed by the Chairman



TAC Sec. 151.3



Education Committee



Four members of the Board, appointed by the Chairman



TAC Sec. 151.3



Health Care Committee



Four members of the Board, appointed by the Chairman



TAC Sec. 151.3



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Human Resources Committee



Four members of the Board, appointed by the Chairman



Correctional Institutions Committee



Four members of the Board, appointed by the Chairman



Management Information Systems Committee



Four members of the Board, appointed by the Chairman



Legal Committee



Four members of the Board, appointed by the Chairman



Rehabilitation and Reentry Programs Committee



Four members of the Board, appointed by the Chairman



Business and Financial Operations Committee



Four members of the Board, appointed by the Chairman



Victim Services Committee



Four members of the Board, appointed by the Chairman



Provide oversight to and bring forth consensus recommendations on activities for the TDCJ Human Resources Division Provide oversight to and bring forth consensus recommendations on activities for the TDCJ Correctional Institutions Division Provide oversight to and bring forth consensus recommendations on activities for the TDCJ Information Technology Division Provide oversight to and bring forth consensus recommendations on activities for the TDCJ Office of General Counsel and the State Counsel for Offenders. The Chair of the Legal Committee also serves as the Board’s Liaison with the State Counsel for Offenders. Provide oversight to and bring forth consensus recommendations on activities for the TDCJ Rehabilitation and Reentry Programs Division Provide oversight to and bring forth consensus recommendations on activities for the TDCJ Business and Finance Division, Facilities Division, and Manufacturing and Logistics Division Provide oversight to and bring forth consensus recommendations on activities for the TDCJ Victim Services Division



TAC Sec. 151.3



TAC Sec. 151.3



TAC Sec. 151.3



TAC Sec. 151.3



TAC Sec. 151.3



TAC Sec.151.3



TAC Sec. 151.3



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Advisory Committee on Offenders with Medical or Mental Impairments (ACOOMMI)



Thirty-one members; includes representatives from twenty-one agencies and organizations (designated by statute) and ten atlarge members appointed by the Governor Twelve members; six of which are appointed by the Chief Justice of the Supreme Court of Texas and six appointed by the Presiding Judge of the Texas Court of Criminal Appeals



Judicial Advisory Council (JAC)



Advise TBCJ and TDCJ Texas Correctional Office on Offenders with Medical and Mental Impairments on matters related to offenders with medical or mental impairments Advise the TBCJ and the Director of the TDCJ Community Justice Assistance Division on matters of interest to the judiciary



Health and Safety Code, Ch. 614



Texas Government Code Sec. 493.003(b)



V. Funding

A. Provide a brief description of your agency's funding.



The 2005 budget for the Texas Department of Criminal Justice is $2,444,674,407. The primary funding source is general revenue and dedicated general revenue funds, which finance nearly 95% of the agency operations. Some other significant sources of funding that are appropriated to the agency include general obligation bond proceeds for the major repair and rehabilitation projects, federal grant funds from the State Criminal Alien Assistance Program, and revenues generated from the sale of agricultural products, as well as items manufactured by Texas Correctional Industries.

B. List all riders that significantly impact your agency's budget.



While every rider in the agency’s bill pattern provides direction and guidance, several riders from the 2006-07 General Appropriations Act significantly impacted the agency budget. This includes Article V riders that: • provide direction for the 2006-07 funding increases in the probation function (Riders 71 & 73); • allow the agency to fund contract capacity needs within the biennium (Riders 30 & 45); and • direct the agency to transfer unused contracted temporary capacity funding to probation programs, upon approval of the LBB and Governor’s Office (Rider 77). Additionally, an Article IX rider that significantly impacts the agency budget is Section 13.17, Appropriation for a Salary Increase for General State Employees. Although agencies will be provided additional appropriations to fund salary increases for FY 2006-07, the increases for Hazardous Duty & Longevity Pay referenced in subsection (h) will be funded from state agencies’ budgets – the impact to TDCJ is estimated at approximately $11 million annually.



C. Show your agency=s expenditures by strategy. See Exhibit 5 Example or click here to link directly to the example.

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Texas Department of Criminal Justice Exhibit 5: Expenditures by Strategy - Fiscal Year 2004 (Actual) Goal/Strategy Goal A: Provide Prison Diversions through Probation & Community-based Programs Goal B: Special Needs Offenders Goal C: Incarcerate Felons Goal D: Ensure and Maintain Adequate Facilities Goal E: Operate Parole System Goal F: Indirect Administration GRAND TOTAL: $ 231,685,094 $ 15,368,376 Amount



$1,936,793,366 $ $ 46,875,306 65,670,847 $ 157,298,220 $2,453,691,209



D. Show your agency’s objects of expense for each category of expense listed for your agency in the General Appropriations Act FY 2005-2006. See Exhibit 6 Example or click here to link directly to the example. Add columns and rows as necessary.

Texas Department of Criminal Justice Exhibit 6: Objects of Expense by Program or Function - Fiscal Year 2005 Object-of-Expense Salaries and Wages Other Personnel Costs Professional Fees and Services Fuels and Lubricants Object-of-Expense Consumable Supplies Utilities Travel Rent – Building Rent – Machine and Other Debt Service Other Operating Expense $ $ $ $ $ $ 16,470,624 85,181,118 6,579,409 13,312,720 6,021,124 0 $1,142,966,454 $ 31,305,675 Agency Expense



$ 375,461,653 $ 5,389,715 Agency Expense



$ 370,184,619



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Client Services Food for Persons – Wards of State Grants Capital Expenditures Total



$ $



27,540,310 87,096,691



$ 218,045,958 $ 59,118,337



$2,444,674,407



E. Show your agency=s sources of revenue. Include all local, state, and federal appropriations, all professional and operating fees, and all other sources of revenue collected by the agency, including taxes and fines. See Exhibit 7 Example or click here to link directly to the example.

Texas Department of Criminal Justice Exhibit 7: Sources of Revenue - Fiscal Year 2004 (Actual) Source General Revenue Fund Education and Recreation Program Receipts Texas Correctional Industries Receipts GR Dedicated – Compensation to Victims of Crime Account No. 469 GR Dedicated – Fugitive Apprehension Account No. 5028 GR Dedicated – Private Sector Prison Industry Expansion Account No. 5060 Interagency Contracts – Texas Correctional Industries Federal Funds Federal Funds for Incarcerated Aliens Criminal Justice Grants Appropriated Receipts Bond Proceeds – General Obligation Bonds Governor’s Emergency and Deficiency Grant Interagency Contracts Amount $2,211,734,962 $ $ $ $ $ $ $ $ $ $ $ $ $ 74,955,477 10,784,838 2,657,869 10,693,341 500,166 32,271,477 967,365 22,908,878 6,888,625 40,440,561 28,059,682 3,250,000 7,577,968



TOTAL $2,453,691,209



F. If you receive funds from multiple federal programs, show the types of federal funding sources.

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See Exhibit 8 Example or click here to link directly to the example.

Texas Department of Criminal Justice Exhibit 8: Federal Funds - Fiscal Year 2004 (Actual) Type of Fund 16.202.002 Serious/Violent Offender Reentry 16.592.000 Local Law Enforcement 16.606.000 State Criminal Alien Assistance Program 83.516.000 Disaster Assistance TOTAL State/Federal Match Ratio State Share Federal Share 950,000 4,726 22,908,878 12,639 23,876,243 Total Funding 950,000 4,726 22,908,878 12,639 23,876,243



G. If applicable, provide detailed information on fees collected by your agency. See Exhibit 9 Example or click here to link directly to the example.

Texas Department of Criminal Justice Exhibit 9: Fee Revenue - Fiscal Year 2004 Fee Description/ Program/ Statutory Citation Survey Permits Recovery of Parole Cost Fees for Copies/Filing of Records Inmate Health Care CoPayments Current Fee/ Statutory maximum Number of persons or entities paying fee Fee Revenue 135,659 6,761,203 60,490 268,497 Where Fee Revenue is Deposited (e.g., General Revenue Fund) General Revenue General Revenue General Revenue General Revenue



VI. Organization



A. Provide an organizational chart that includes major programs and divisions, and shows the number of FTEs in each program or division.



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TEXAS DEPARTMENT OF CRIMINAL JUSTICE ORGANIZATIONAL STRUCTURE Texas Board of Criminal Justice

Christina Melton Crain, Chairman



Office of Inspector Office of Inspector General General 124 Employees 124 Employees



State Counsel for State Counsel for Offenders Division Offenders Division 53 Employees 53 Employees



Executive Director Executive Director

Brad Livingston Brad Livingston



Internal Audit Internal Audit Division Division 20 Employees 20 Employees



Windham School Windham School District District 1,241 Employees 1,241 Employees



Deputy Executive Director Deputy Executive Director

Ed Owens Ed Owens



Chief Financial Officer Chief Financial Officer



Office of General Counsel Division Office of General Counsel Division 35 Employees 35 Employees Administrative Review & Administrative Review & Risk Management Division Risk Management Division 157 Employees 157 Employees Executive Administrative Services Executive Administrative Services 62 Employees 62 Employees



Victim Services Division Victim Services Division 32 Employees 32 Employees Rehabilitation and Reentry Programs Division Rehabilitation and Reentry Programs Division 442 Employees 442 Employees Health Services Division Health Services Division 64 Employees 64 Employees Human Resources Division Human Resources Division 154 Employees 154 Employees Texas Correctional Office on Offenders with Texas Correctional Office on Offenders with Medical or Mental Impairments Medical or Mental Impairments 16 Employees 16 Employees Parole Division Parole Division 2,435 Employees 2,435 Employees Community Justice Assistance Division Community Justice Assistance Division 90 Employees 90 Employees



Business and Business and Finance Division Finance Division 878 Employees 878 Employees Manufacturing & Manufacturing & Logistics Division Logistics Division 790 Employees 790 Employees Information Information Technology Technology Division Division 174 Employees 174 Employees Facilities Division Facilities Division 1,151 Employees 1,151 Employees

Employees As of 08/31/2004



Correctional Institutions Division Correctional Institutions Division 31,911 Employees 31,911 Employees



Coordination



The Board of Pardons and Parole has 167 employees not listed above. Executive Administrative Services includes the public information office, and the staff of the Executive and Deputy Executive Directors.



B. If applicable, fill in the chart below listing field or regional offices. See Exhibit 10 Example or click here to link directly to the example.



Texas Department of Criminal Justice Exhibit 10: FTEs by Location - Fiscal Year 2004 Headquarters, Region, or Field Office Location Number of Budgeted FTEs, FY 2004 Number of Actual FTEs as of August 31, 2004



TOTAL



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FTEs for the Texas Department of Criminal Justice are budgeted and expended at the funding strategy level. (See Section VI. E.)

C. What are your agency=s FTE caps for fiscal years 2004 - 2007?



FY 04 FY 05 *FY 06 *FY 07



40,760.4 40,777.9 38,552.2 38,580.6



*The FTE caps for fiscal year 2006-07 as shown above have been reduced by two percent as required by Article IX, Section 6.14 (a)(2) of the 2006-07 General Appropriations Act. The Department has requested an exemption from the two percent reduction.

D. How many temporary or contract employees did your agency have as of August 31, 2004?



On August 31, 2004, the agency employed a contract workforce of 32 contract employees, primarily utilized for IT programming and network support services.

E. List each of your agency=s key programs or functions, along with expenditures and FTEs by program. See Exhibit 11 Example or click here to link directly to the example.

Texas Department of Criminal Justice Exhibit 11: List of Program FTEs and Expenditures - Fiscal Year 2004 Program A.1.1. Basic Supervision A.1.2. Diversion Programs A.1.3. Community Corrections A.1.4. Treatment Alternatives to Incarceration Program B.1.1. Special Needs Projects C.1.1. Correctional Security Operations C.1.2. Correctional Support Operations C.1.3. Offender Services C.1.4. Institutional Goods C.1.5. Institutional Services 0 0 0 0 14.3 27,208.3 2,595.3 183.9 1,678.6 943.6 FTEs as of August 31, 2004 Actual Expenditures $ 103,314,430 $ $ $ $ 66,538,766 47,562,272 14,269,626 15,368,376



$ 838,821,880 $ $ 70,362,656 11,705,773



$ 142,194,805 $ 138,041,911



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C.1.6. Institutional Operations and Maintenance C.1.7. Correctional Managed Psychiatric Care C.1.8. Correctional Managed Health Care C.1.9. Health Services C.2.1. Texas Correctional Industries C.2.2. Academic and Vocational Training C.2.3. Project RIO C.2.4. Treatment Services C.2.5. Substance Abuse Treatment C.3.1. Contract Prisons and Privately Operated State Jails D.1.1. Construction and Repair of Facilities D.1.2. Provide for Lease–purchase of Facilities E.1.1. Board of Pardons and Paroles E.1.2. Parole Release Processing E.2.1. Parole Supervision E.2.2. Residential Pre-Parole Facilities E.2.3. Halfway House Facilities E.2.4. Intermediate Sanction Facilities F.1.1. Central Administration F.1.2. Correctional Training F.1.3. Inspector General F.1.4. Victim Services F.1.5. Information Resources F.1.6. Other Support Services TOTAL



1,162.6 0 0 69.3 503.6 0 112.3 388.8 176.2 0 89.0 0 168.6 438.9 1,912.8 46.9 0 0 516.7 107.4 121.4 35.3 154.1 110.7 38,738.6



$ 162,764,020 $ 43,094,589



$ 295,511,641 $ $ $ $ $ $ 3,705,260 63,336,117 2,426,177 3,241,832 14,573,590 35,674,159



$ 111,338,956 $ $ $ $ $ $ $ $ $ $ $ $ $ $ 28,059,682 18,815,624 9,154,411 13,633,230 74,971,649 31,397,210 13,412,170 14,729,550 22,895,312 3,776,411 5,700,770 1,610,474 26,499,558 5,188,322



$2,453,691,209



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VII. Guide to Agency Programs

Complete this section for each agency program (or each agency function, activity, or service if more appropriate). Copy and paste the questions as many times as needed to discuss each program, activity, or function. Contact Sunset staff with any questions about applying this section to your agency. A. Provide the following information at the beginning of each program description.



Name of Program or Function Location/Division Contact Name Actual Expenditures, FY 2004 Number of FTEs as of August 31, 2004



Provide Prison Diversions through Probation & Community-based Programs Community Justice Assistance Division Bonita White $231,685,094 85; 20 (Interstate Compact)



B. What is the objective of this program or function? Describe the major activities performed under this program.



The primary objective of this function is distributing state financial aid to Community Supervision and Corrections Departments (CSCD) and community service providers that will provide basic supervision and innovative diversionary programs that impact the demand for additional prison capacity. Within the Texas Department of Criminal Justice (TDCJ) organizational structure, CJAD is primarily responsible for the activities associated with this function. CJAD is responsible for providing prison diversions through community supervision and other community-based programs. CJAD seeks to achieve this goal by distributing formula driven state aid to 121 CSCDs; making grant awards to local CSCDs, municipalities, counties and non-profit organizations; promulgating and enforcing standards for CSCD programs; providing technical assistance in the development of programs, community justice councils and task forces; providing training, certification and continuing education for approximately 3,300 CSCD officers; and monitoring, auditing and evaluating the expenditures and performance of local departments. State aid for basic supervision is provided to local CSCDs based on the number of felony and misdemeanor offenders supervised by the department. For misdemeanor offenders, state aid is provided at the rate of 70 cents per day (as authorized by agency Rider 60, General Appropriations Act, 79th Legislature) for a period of time not to exceed 182 days. After misdemeanor payments are allocated, the funds remaining in the strategy are distributed based on the number of felony offenders under direct community supervision and pretrial supervision by a local CSCD relative to the number of felony offenders under direct community supervision and pretrial supervision statewide. State aid is used to employ community supervision officers who monitor and counsel offenders, to employ administrative and clerical staff who support the community supervision officer, to provide offender services such as job training or adult education and to pay administrative

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expenses not borne by county governments. State aid through community corrections funding is also allocated to CSCDs based on a formula which provides equal weight to two factors: the percentage of the state’s population which resides in the area served by the local CSCD, and the percentage of felons under direct community supervision in the state that are supervised by the local department. Examples of programs that are funded include mental health initiative caseloads and sex offender caseloads as well as substance abuse treatment facilities, restitution centers, and other types of residential facilities. Grants are awarded to local CSCDs, municipalities, counties and non-profit organizations through the Diversion Program (DP) line. Monies allocated through competitive grants may be used for programs similar to those described above. However, grant funds are available to entities other than CSCDs, and the method of allocating funds allows meritorious programs and programs in rural areas to receive funding that would not otherwise be possible through state aid allocated by formula. CJAD also funds Battering Intervention and Prevention Programs which provide education and counseling to batterers. Grants are also awarded for substance abuse assessment and treatment services made available to offenders subsequent to arrest. The program is commonly known as the Treatment Alternative to Incarceration Program (TAIP). State aid and grant funding account for approximately 64 percent of all CSCD revenue. Fees paid by offenders under supervision account for almost all remaining income. Counties are required by statute to provide office space, equipment and utilities for the CSCDs. To be eligible for funding, programs must be included in the community justice plan reviewed by the local community justice council, approved by the district judge(s), and accepted by CJAD.

C. What evidence can you provide that shows the effectiveness and efficiency of this program or function? Provide a summary of key statistics and performance measures that best convey the effectiveness and efficiency of this function or program.



Key performance measures for this function include the average number of felony offenders under direct supervision and the number of residential facility beds funded through community corrections. In FY 2004, the agency achieved 98 to 99 percent compliance with these key performance measures.

D. Describe any important history regarding this program not included in the general agency history section, including how the services or functions have changed from the original intent.



The most significant aspect of this function’s history, the transition from a separate agency to a division within the Texas Department of Criminal Justice, is described in the general agency history section.



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E. Describe who or what this program or function affects. List any qualifications or eligibility requirements for persons or entities affected. Provide a statistical breakdown of persons or entities affected. Average Community Supervision Population FY 2004 Total Direct Total Indirect Felony Supervision 157,216 75,631 Misdemeanor Supervision 112,309 74,696 Total 269,524 150,327



Total Pretrial Total 4,173 6,177 10,349 237,020 193,181 430,200



FY 2004 Offender Profile Active Supervision Felony n=156,81 5 Age Group 17-21 21-25 25-30 30-40 40-50 50+ Ethnicity African-American Caucasian Hispanic Other Gender Female Male OffenseType Assault Burglary Controlled Substance DWI/DUI Forgery Homicide Kidnap Larceny Other Offenses Other Property Robbery Sex Offenses Sexual Assault

June 2005



Misdemeanor n=109,764 14% 19% 17% 24% 17% 9% 14% 48% 37% 1% 24% 76% 11% 1% 11% 44% 0% 0% 0% 13% 16% 2% 0% 0% 0%



Total n=266,57 9 10% 18% 17% 26% 19% 10% 19% 45% 35% 1% 25% 75% 17% 8% 34% 37% 3% 1% 0% 0% 0% 0% 0% 0% 0%

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8% 17% 17% 27% 20% 11% 22% 43% 34% 1% 26% 74% 12% 8% 31% 12% 4% 1% 0% 9% 9% 5% 3% 3% 3%

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Stolen Vehicle



1%



0%



0%



Source: Monthly Community Supervision and Corrections Report. Direct supervision includes offenders who are receiving a minimum of one face-to-face contact every three months. Indirect supervision includes offenders who have transferred to another state, absconded, been temporarily incarcerated (not revoked) and who report by mail.

F. Describe how your program or function is administered. Include flowcharts, timelines, or other illustrations as necessary to describe agency policies and procedures. List any field or regional services.



CJAD RESPONSIBILITIES Development of standards; Distribution of state aid to CSCDs; Awarding of grants to local CSCDs, municipalities, counties, and non-profit organizations; Provision of technical assistance in the development of community justice councils and task forces; Provision of training, certification, and continuing education for community supervision officers; Provision of technical assistance to ensure quality and compliance with standards; Monitoring expenditures by those entities receiving state aid and grant funds; Reviewing and inspecting community corrections programs; Interfacing and coordinating the access to Substance Abuse Felony Punishment Facility resources for CSCDs; and Establishment and maintenance of a statewide database (Community Supervision Tracking System) of offenders on community supervision. The Community Justice Assistance Division (CJAD) administers adult community supervision in Texas. The division does not work directly with offenders but distributes state aid to local community supervision and corrections departments (CSCDs) that do. CJAD’s role is ensuring that services are provided in accordance with community justice plans. Texas has 121 CSCDs responsible for 254 counties. Organized within local judicial districts, the CSCDs receive partial funding and administrative support from the Texas Department of Criminal Justice. Based on a statewide average, 64 percent of a CSCD’s operating budget is state funded and allocated by CJAD. Other funds, such as court ordered fees, meet the remaining budget needs of a CSCD. County governments provide CSCDs with office space and equipment. Funds Distribution A CSCD applies for state funds by submitting a community justice plan outlining current and proposed programs and services. As mandated by the Texas Legislature, a CSCD’s district judge(s) and community justice council approve the plan. Funds for basic supervision and community corrections are distributed based on legislative formulas. For diversion and treatment alternative to incarceration programs, funding is based on a program's likelihood of meeting offenders’ needs and in consideration of the CSCD's other financial resources. Basic supervision funds provide for the general operational costs of supervising offenders and are based on the number of felons supervised

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and misdemeanants placed. Community corrections program funds apply to supervision programs. Community corrections program funds are based on the ratio of felons placed directly on supervision to the county’s population in the CSCD’s jurisdiction. Diversion program grants are awarded to select CSCDs for community corrections facilities, substance abuse and similar programs that are alternatives to incarceration. Treatment Alternative to Incarceration Program grants are awarded to select CSCDs for substance abuse screening, assessment, referral and treatment. Program Standards As mandated by the Texas Code of Criminal Procedure, CJAD develops minimum standards and core CSCD services that must be approved by the Texas Board of Criminal Justice. CJAD tracks and evaluates all CSCD programs and monitors and reviews all CSCD budgets. Besides providing departments with administrative and technical assistance, CJAD trains and certifies Texas community supervision officers (CSOs). Role of the CSCDs CSCDs supervise and rehabilitate offenders sentenced to community supervision by local courts. CSOs assess each offender’s risk level and design a supervision plan that includes court-ordered conditions. Some offenders are confined temporarily in residential facilities while others must report to CSOs at court-determined intervals. Supervisory and rehabilitative methods include urinalysis, electronic monitoring, intensive supervision levels, cognitive programs, specialized caseloads, restitution centers, continuing education, job and life-skills training, and treatment for substance abuse. Some CSCDs offer services to crime victims. Community Justice Plans Community Justice Plans (CJP) are submitted by the CSCDs to CJAD on March 1st of each odd numbered year and include programs, sanctions, tools and services available to offenders under community supervision in that jurisdiction for the next biennium starting September 1st of that year. Program proposals include programs to be funded by the two formula allocations and requests for grant funding through DP and TAIP funds. The following describes the general format for a CJP and the format for program proposals including basic supervision, non-residential programs and community corrections facilities. General Format • • • • • Plan Cover Sheet: identifies the CSCD, fiscal years and the chief county. Judicial Endorsement and Commitment to the Plan: printed name and signature of the Administrative Judge, Community Justice Council Chairperson and the CSCD Director; the date the plan was approved and a statement of commitment to the plan. Mission Statement: a broad general statement of basic philosophy for managing offenders. Long Range Goals: broadly stated results that a community hopes to achieve through community-based corrections. Community Corrections Inventory of Current Programs: programs, sanctions, tools and services available to offenders in the jurisdiction.

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•



(Optional) Progressive Sanctions Model – a collaboratively developed evidence-based continuum of sanctions, services and incentives whereby offenders are supervised on reduced caseloads with high quality, early and high intensity of contact with high risk / high needs felons.



Program Proposals – Basic Supervision • • Cover Sheet: CSCD (Chief county of jurisdiction), program number, program title, funds requested, primary funding recipient, other funding sources, program code and designator, program contact information and vendor information. Projected Outputs/Outcomes: yearly projection of units of goods or services produced by a program for which the State of Texas is paying. This is a form containing information which is not yet collected through the Community Supervision Tracking System (CSTS). Outputs refer to the projected number of offenders to be served by each program. Outcomes track projected successful program completions.



Program Proposals (Non-Residential) – Community Corrections Programs (CCP), DP and TAIP Cover Sheet • Problem/Need Data: other programs, services, tools within the CSCD or the community, which satisfy at least part of the need, if they exist. Other data identifying the need for this program is collected through the Monthly Community Supervision and Corrections Report (MCSCR) or CSTS. Target Population: Identifies the target population for the program including, gender, type of offense, age restriction, cultural or ethnic focus, MHMR participants, outside participants accepted and any exclusions.



•



Program Description and Process A detailed narrative description of the program or service that addresses the condition identified in the Problem/Need and Target Population sections. Included is a statement of availability of standard operating procedures(SOP), a referral process, participant activities (process of successful program completion), evidence-based information regarding choice of program design for this target population and program staff and staff activities (staff process). SOP must include the method used to monitor and evaluate the program. • Program Milestones: For new programs, this charts time frames for the location of site, hiring of staff, completion of SOP, participant intake, reports, budgets and monitoring vendors.



Projected Outputs/Outcomes • Signed Special Grant Conditions (DP grants): conditions specified by CJAD and agreed to by the director of the CSCD for operation of the program. Program Proposals (Residential-Community Corrections Facilities) – CCP, DP, TAIP In addition to the above requirements, residential programs must include:

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• • • • •



• •



Bed Capacity on the cover sheet Grant Program Rationale: Description of the rationale for choosing a particular type of program. Operations Manual and Appendix of Responsivity: how the program addresses the identified risks and needs of different offenders, as well as the knowledge, skill and abilities of staff members. Components required for all CCF’s: education program, cognitive program, CSR/Work Detail program. Components required based on the mission of the CCF: Substance abuse treatment programs for Substance Abuse Treatment Facilities and Court Residential Treatment Centers, employment programs for Restitution Centers, Intermediate Sanctions Facilities, or boot camps with a work release component and military drill/physical training program for boot camps and CCFs with specified physical training as a component. Outcome Analysis Form: tracks successful program completion, successful community supervision completion, recidivism and re-incarceration. Signed special grant conditions.



Budget A budget is submitted from each program and must be in compliance with the FMM for allowable and unallowable expenditures. The budget is also reviewed to ensure monitoring of contracts per the CMM. Special Grant Conditions and Grant Award Statements are included as part of the award and must be agreed to by the CSCD. These Grant Conditions are reviewed as with any standard requirement. Non-compliance with Special Grant Award Statements and Standards could impact budget approval and funding.

G. Identify all funding sources and amounts for the program or function, including federal grants and pass-through monies. Describe any funding formulas or funding conventions. For state funding sources, please specify (e.g., general revenue, appropriations rider, budget strategy, fees/dues).

Method of Finance Compensation to Victims of Crime Account No. 469 Criminal Justice Grants General Revenue Governor's Emergency and Deficiency Grant Interagency Contracts Appropriated Receipts Total 2004 1,250,000 3,888,625 201,120,905 3,250,000 3,250,000 18,925,564 231,685,094



The riders outlined below were included in the General Appropriations Act, Article V, and passed by the 79th Legislature: 60.

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Misdemeanor Funding

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61. 63. 64. 71. 72. 73. 79. 80. 81.



Appropriation: Refunds of Unexpended Balances from CSCD’s Treatment Alternatives to Incarceration Program Harris County Community Corrections Facility Probation Caseload Reduction Progressive Sanctions Model Residential Treatment and Sanction Beds Funding Monitoring of Community Supervision Diversion Funds Mental Health Services Battering Intervention Program



H. Identify any programs, internal or external to your agency, that provide identical or similar services or functions. Describe the similarities and differences.



The Texas Juvenile Probation Commission (TJPC) provides similar services to local jurisdictions which supervise juvenile offenders. TJPC oversight is provided by a nine member Commission appointed by the Governor to 6 year terms. Funding is provided by TJPC to Juvenile Boards to operate juvenile probation departments, juvenile detention facilities, and to provide basic and special services to juvenile offenders. Like CJAD, TJPC promulgates standards, trains and certifies officers, provides legal assistance, and collects data on juvenile crime in Texas. TDCJ-Parole Division provides direct services to offenders released from TDCJ-CID, which is similar to services provided to those on community supervision by CSCDs. However, the offenders supervised by the Parole Division are not subject to the jurisdiction of the sentencing court, but are instead subject to the terms of condition of release determined by the Board of Pardons and Paroles. Decisions regarding the modification and revocation of supervision for probationers are made by judges, whereas such decisions regarding prison releasees are made by the Board of Pardons and Paroles.

I. Discuss how the program or function is coordinating its activities to avoid duplication or conflict with the other programs listed in Question H and with the agency’s customers. If applicable, briefly discuss any memorandums of understanding (MOUs), interagency agreements, or interagency contracts.



Approximately 1% of the probationer population is also on parole supervision as well. These dual supervision cases are identified and information is shared between the respective probation and parole officers in order to facilitate appropriate supervision of the offender. The Texas Department of State Health Services (TDSHS) provides funding and oversight of local Mental Health Mental Retardation Centers (MHMRs). The centers provide direct mental health services to county residents. This system operates in a similar manner as TDCJ-CJAD and local CSCDs. TDCJ-CJAD, CSCDs, local MHMRs, TDSHS and the Texas Correctional Office on Offenders with Medical or Mental Impairments (TCOOMMI) have signed a Memorandum of Understanding (MOU) regarding the provision of services to offenders with mental health needs. The MOU defines the roles and responsibilities for each entity.



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TDCJ-CJAD has a responsibility to provide required and relevant training to meet statutory requirements to CSCD staff. CSCDs must ensure that their staff enroll and attend the appropriate training. Many CSCDs in Texas have large employee pools. The training needs of large departments warrant a dedicated staff to conduct and coordinate in-service training. Several CSCDs provide in-service training of course material developed and adopted by TDCJ-CJAD. These CSCDs must sign a MOU with TDCJ-CJAD prior to use of said curriculum. By providing inservice training, CSCDs are able to cut the cost of staff travel for training purposes.

J. If the program or function works with local, regional, or federal units of government include a brief description of these entities and their relationship to the agency.



CSCDs are under the jurisdiction of judicial districts. Judges appoint the chief probation officer who is responsible for administration of that department. CJAD provides financial assistance, training and regulations governing the operation of those departments. CJAD administers adult community supervision in Texas. Although the division does not work directly with the offender population, it distributes formula funding and grant funds to local CSCDs. CJAD’s role is to ensure that services are provided in accordance with community justice plans and state standards including best-practice treatment standards. This is achieved through training and certification of community supervision officers, program and fiscal audits of departments and their programs, and technical assistance. In addition, the division works with the Judicial Advisory Council (JAC), which provides advice to the division and the Texas Board of Criminal Justice on matters concerning the judiciary and community supervision.

K. If this program or function is contracted out, provide a description of how you ensure accountability for funding and performance.



State aid and grants are provided to local CSCDs. The local CSCDs must submit detailed community corrections plans outlining proposed operations and expenditures as well as specific detailed grant proposals. These submissions are approved, disapproved or modified only after thorough review by CJAD staff. Periodic reporting of both performance and expenditure data is also required. Funding for programs failing to achieve satisfactory results has been discontinued. Local CSCDs are subject to audits both by CJAD staff and independent auditing firms. CSCDs are required to expend funds in accordance with the TDCJ-CJAD Financial Management Manual. CSCDs submit quarterly financial reports to CJAD. Each year the CSCDs are required to submit an independent CPA audit which provides an opinion on the quarterly financial reports submitted by the CSCDs. If discrepancies are found CJAD staff resolve these discrepancies with the local CSCD. CJAD has also developed a contract manual which the CSCDs are required to use when contracting for services to the offenders. CSCDs are required to submit budgets detailing how the money will be expended. Each budget is

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reviewed by CJAD staff to assure it meets the requirements of the TDCJ-CJAD Financial Management Manual.

L. What statutory changes could be made to assist this program in performing its functions? Explain.



No statutory changes relating to this function are recommended at this time. Please see Section IX for a list of all statutory changes recommended by the agency.

M. Provide any additional information needed to gain a preliminary understanding of the program or function.



Not applicable.



A. Provide the following information at the beginning of each program description.

Name of Program or Function Location/Division Contact Name Actual Expenditures, FY 2004 Number of FTEs as of August 31, 2004 Special Needs Offenders Texas Correctional Office on Offenders with Medical and Mental Impairments Dee Wilson $15,368,376 14.3



B. What is the objective of this program or function? Describe the major activities performed under this program.



The Texas Correctional Office on Offenders with Medical and Mental Impairments (TCOOMMI) is the division within TDCJ that is responsible for providing projects that coordinate multi-agency efforts for special needs offenders, i.e., offenders who are mentally ill, mentally retarded, elderly, physically handicapped or terminally/seriously ill. The TCOOMMI contracts with the Department of State Health Services, the Department of Aging and Disability Services, Mental Health/Mental Retardation Authorities and Community Supervision and Corrections Departments in order to provide direct services to offenders and pre-release planning services for all offenders with special needs who are incarcerated in local jails or state custodial facilities and for whom aftercare treatment services are necessary. Parolees released through the Medically Recommended Intensive Supervision (MRIS) parole program are among the offenders receiving TCOOMMI services. The MRIS program permits the release of inmates not otherwise eligible for parole if the inmates are mentally ill, mentally retarded, elderly, terminally ill or physically handicapped. Potential candidates for MRIS are screened and assessed by TCOOMMI, and are also monitored after their release into the community. The advisory council to the Board of Criminal Justice is comprised of public members appointed by the Governor, representatives of criminal justice and health and

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human services agencies, and members of several associations representing persons with various disabilities.

C. What evidence can you provide that shows the effectiveness and efficiency of this program or function? Provide a summary of key statistics and performance measures that best convey the effectiveness and efficiency of this function or program.



Performance measures relating to this function include the percent reduction in arrests and the number of special needs offenders served through the continuity of care programs. The agency exceeded the targeted percentage reduction in arrests and greatly exceeded the number of offenders served through continuity of care programs.

D. Describe any important history regarding this program not included in the general agency history section, including how the services or functions have changed from the original intent.



Since its inception in 1987, TCOOMMI, then known as the Texas Council on Offenders with Mental Impairments, was a separate state agency. In 2003 the Texas Legislature enacted legislation which made TCOOMMI a division within the Department of Criminal Justice. In addition, the scope of TCOOMMI services has expanded to incorporate offenders with serious or terminal illnesses, physically handicapped and the elderly. A further expansion of functions was made by the 78th and 79th Legislatures with the addition of 46.B defendants (from Sec. 46B, Code of Criminal Procedure, those committed to a state mental health hospital for a determination or restoration of competency) and persons found not guilty by reason of insanity in TCOOMMI’s continuity of care activities.

E. Describe who or what this program or function affects. List any qualifications or eligibility requirements for persons or entities affected. Provide a statistical breakdown of persons or entities affected.



Offenders with special needs, as defined by statutory guidelines, are the target population addressed by TCOOMMI. Recent data analysis shows approximately 20% of the adult criminal justice system (probation, correctional institutions and parole divisions) have a prior history with the public mental health system. In addition, the juvenile system shows a higher prevalence rate of mental health disorders among the juvenile probation and Texas Youth Commission populations. Research also shows that the medical conditions of offender populations are typically much more severe than that of the general population due to negative lifestyles such as substance or alcohol abuse. Finally, the elderly inmate population continues to be one of the fastest growing in correctional settings across the nation. Activities to collect local and state prevalence rates for special needs offenders are in the preliminary stages of implementation and should yield data beginning in 2006.

F. Describe how your program or function is administered. Include flowcharts, timelines, or other illustrations as necessary to describe agency policies and procedures. List any field or regional services.



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The TCOOMMI functions include systemic and direct service programs for offenders with special needs. The accompanying continuity of care flow chart provides an example of how TCOOMMI activities impact regulatory, procedural, statutory and programmatic practices of local and state governmental entities in relation to offenders with special needs.



How it Works Continuity of Care Flow Chart: Adult Criminal Justice System

ARREST

TCLEOSE



→



LOCAL JAILS

TX COMM ON JAIL STANDARDS



→



PRE-TRIAL

COURTS



→



PRE AND POST ADJUDICATION → INCARCERATION/RELEASE

CJAD/CSCDs CID/PAROLE



MANDATORY PRE/INSERVICE TRAINING ON MENTAL HEALTH AND OTHER DISABILITIES SPECIALIZED MENTAL HEALTH PEACE OFFICER STANDARDS & CERTIFICATION SPECIALIZED MENTAL HEALTH DEPUTY PROGRAMS CRISIS INTERVENTION TEAM (CIT) TRAINING



↡



MANDATORY JAIL SCREENING STANDARDS FOR SPECIAL NEEDS MANDATORY PSYCHIATRIC/ ASSESSMENT WITHIN 72 HRS OF DETENTION CROSS-REFERENCING INMATE AND STATEWIDE MHMR DATA SYSTEM WRITTEN AGREEMENTS BETWEEN JAILS & MHMR TJCS – MENTAL HEALTH SUB-COMMITTEE JAIL DIVERSION PROGRAMS



↡



MANDATORY RELEASE FROM INCARCERATION FOR CERTAIN CATEGORY OF OFFENDERS MANDATORY SHARING OF CONFIDENTIAL INFORMATION TO EXPEDITE IDENTIFICATION & CONDITIONAL RELEASE REQUIREMENTS REVISED STATUTORY GUIDELINES FOR ENHANCED COMPETENCY DETERMINATION CONTINUITY OF CARE FOR 46.B DEFENDANTS



↡



SPECIALIZED OFFENDER TREATMENT PROGRAMS SPECIALIZED PROBATION OFFICERS COORDINATED EFFORTS TO MINIMIZE REVOCATIONS OF SPECIAL NEEDS OFFENDERS MENTAL HEALTH COURTS SPECIALIZED RESIDENTIAL COURT FACILITIES CO-LOCATION OF SUPERVISION/TREATMENT STAFF CROSS REFERENCING OFFENDER DATA AGAINST THE STATEWIDE MHMR DATABASE



↡



MANDATORY PRE-POST RELEASE CONTINUITY OF CARE PRE & POST RELEASE SS/SSI APPLICATION INITIATIVE SPECIAL NEEDS OFFENDER PROGRAMS SPECIALIZED PAROLE CASELOADS CO-LOCATION OF SUPERVISION/ TREATMENT STAFF COORDINATED EFFORTS TO MINIMIZE REVOCATIONS OF SPECIAL NEEDS OFFENDERS CROSS REFERENCING OFFENDER DATA AGAINST THE STATEWIDE MHMR DATABASE



↡



G. Identify all funding sources and amounts for the program or function, including federal grants and pass-through monies. Describe any funding formulas or funding conventions. For state funding sources, please specify (e.g., general revenue, appropriations rider, budget strategy, fees/dues).

Method of Finance General Revenue 2004 15,368,376



The riders outlined below were included in the General Appropriations Act, Article V, and passed by the 79th Legislature: 65. Continuity of Care

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68. Advisory Committee on Offenders with Medical or Mental Impairments 74. Medically Recommended Intensive Supervision 75. Unexpended Balance Authority for Special Needs Projects 83. Permian Basin Mental Health Deputy Pilot Program



H. Identify any programs, internal or external to your agency, that provide identical or similar services or functions. Describe the similarities and differences.



Although there are agencies such as the Department of State Health Services that provide health services to individuals (offenders are not a priority population), there are simply no other programs at the local or state level of government that are comparable to TCOOMMI’s programs. Through TCOOMMI, the Department of Criminal Justice provides essential services to offenders with medical and mental impairments and coordinates a systematic delivery of services and sharing of information among state and local entities that would not be possible otherwise.

I. Discuss how the program or function is coordinating its activities to avoid duplication or conflict with the other programs listed in Question H and with the agency’s customers. If applicable, briefly discuss any memorandums of understanding (MOUs), interagency agreements, or interagency contracts.



TCOOMMI’s legislative mandates require collaboration and coordination with representatives from thirty-one (31) agencies and associations with an interest in criminal justice or health and human services. The Advisory Committee is responsible for addressing statewide issues that impact special need offenders and coordinate on effective responses to any barriers which may be identified. Current statutory mandates require memorandums of understanding (MOU) with the following agencies: the Department of State Health Services, the Department of Aging and Disability Services, the Department of Assistive and Rehabilitative Services, the Texas Commission on Law Enforcement Officer Standards and Education, the Texas Commission on Jail Standards, local Community Supervision and Corrections Departments, jails and Mental Health/Mental Retardation Authorities. Also, an MOU with the Region 1 Social Security Administration is in place to allow for the pre-application of entitlement benefits during an inmate’s incarceration. In addition, TCOOMMI has intergovernmental contracts with local Mental Health/Mental Retardation Authorities, the Department of State Health Services and the Department of Aging and Disability Services for targeted treatment services for offenders.

J. If the program or function works with local, regional, or federal units of government include a brief description of these entities and their relationship to the agency.



Chapter 614 of the Health and Safety Code, a copy of which is included in Attachment 1 to this report, outlines the composition of the TCOOMMI Advisory Committee composition and the role committee members play pursuant to state law. Committee members represent a wide range of both state and local criminal justice and health and human service agencies. In addition to advising the Board of Criminal Justice on policy matters relating to special needs offenders, one of their primary responsibilities is to foster the inter-agency information sharing and coordination necessary to

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appropriately supervise and treat offenders who are both clients of the criminal justice and the health and human services system.

K. If this program or function is contracted out, provide a description of how you ensure accountability for funding and performance.



With a few exceptions, all services are contracted out to local or state entities. The oversight function is outlined in contracts and is monitored through monthly fiscal and program reports and on-site audits by TCOOMI staff.

L. What statutory changes could be made to assist this program in performing its functions? Explain.



Section IX contains a list of all statutory changes recommended by the agency. The latter two, relating to the release of offenders with serious medical conditions from state jails and notifying TCOOMMI about the pending release of an individual from a state hospital who was previously found not guilty by reason of insanity, would assist the agency in performing this function.

M. Provide any additional information needed to gain a preliminary understanding of the program or function.



NA



A. Provide the following information at the beginning of each program description.

Name of Program or Function Location/Division Contact Name Actual Expenditures, FY 2004 Number of FTEs as of August 31, 2004 Incarcerate Felons Correctional Institutions Division; Rehabilitation and Reentry Programs Division Doug Dretke; Madeline Ortiz $1,936,793,366 35,022.5



B. What is the objective of this program or function? Describe the major activities performed under this program.



The two primary objectives of this function are to provide for the safe and secure confinement of the inmate population, including the provision of basic necessities and to provide programs and services which support rehabilitation, reintegration and the successful reentry of offenders into the community.

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The Correctional Institutions Division is responsible for the confinement and supervision of inmates in conventional prisons, transfer facilities, state jails, Substance Abuse Felony Punishment (SAFP) facilities and medical/psychiatric facilities. Responsibility for medical and psychiatric care as well as the rehabilitation of inmates resides with several other entities, most notably the Correctional Managed Health Care Committee, the agency’s Rehabilitation and Reentry Programs Division and the Windham School District. The Correctional Institutional Division employs correctional officers and other security staff to maintain a safe and orderly environment. The CID also performs the classification function, which involves gathering pertinent information about inmates for use in determining an inmate’s custody level, housing assignment, work duties and participation in rehabilitation programs. Staff and offender safety are the highest priorities for the agency, and both the security and classification functions are critical to the safe and secure operation of any correctional system. Basic necessities such as food, laundry and utilities are necessary for the day-to-day operations of the prison system. The CID utilizes supervised inmate labor to assist in the preparation of food and laundry, and is also supported by farming, livestock and other agricultural operations of the agency, as well as the variety of goods and services produced by Texas Correctional Industries. Goods and service produced by TCI not only support prison operations, but are also sold to other state agencies and political subdivisions. The proceeds gained from the sale of inmate produced goods and services are used to purchase the raw materials and supplies necessary to continue industrial operations. Inmates participating in the industries program help reduce the cost of their incarceration, learn marketable job skills and develop a work ethic. More than 400 inmates are earning prevailing wages while working for private vendors in industry ventures authorized under the Prison Industries Enhancement Program (PIE) program. Transportation of offenders as well as freight is critical to support the operations of 106 correctional facilities located across Texas. The Correctional Institutional Division provides transportation and security for the inmate population, while the agency’s Manufacturing and Logistics Division transports materials necessary for facility operations. The Correctional Managed Health Care Committee is responsible for the delivery of health and psychiatric care to inmates. The Correctional Managed Health Care Advisory Committee contracts with the University of Texas Medical Branch (UTMB) for the delivery of psychiatric services in the eastern half of the state and with Texas Tech Health Sciences Center TTHSC for the delivery of psychiatric services in the western half of the state. The delivery of medical services is provided both by employees of the universities and by private medical providers under contract with the universities. The TDCJ Health Services Division is responsible for monitoring the quality of and access to medical care provided through the Correctional Managed Health Care Committee to ensure that inmates are receiving timely access to care; Health Services works jointly with the medical schools and private contractors in monitoring quality of care. Sociologists employed by the Correctional Institutional Division screen inmates as they are admitted in order to obtain relevant information for both security and treatment. The Rehabilitation and Reentry Programs Division is primarily responsible for treatment programs serving the inmate

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population, to include the following. • • The chaplaincy program, which provides spiritual guidance and other assistance to inmates, as well as the 18 month faith-based Innerchange operated by Prison Fellowship Ministries. Substance abuse treatment programs for incarcerated offenders. The most intensive treatment program for prison inmates is the In-Prison Therapeutic Community (IPTC) program, a pre-release program which generally provides for a six month stay in a therapeutic community environment followed by three months of continuing treatment in a residential facility and one year of out-patient counseling. The Parole Board determines who will participate in the IPTC initiative by approving parole contingent upon successful completion of the program. Modified therapeutic community programs of shorter duration are also offered at several facilities. The treatment programs provided to offenders sentenced to Substance Abuse Felony Punishment Facilities as a condition of community supervision are virtually identical to the programs offered to inmates in the IPTC program. Some parolees are placed in SAFP beds by the Parole Board as an alternative to revocation. Parolees who do not participate in either the IPTC or the SAFP program may still receive out-patient substance abuse treatment through providers under contract with the Parole Division. The Sex Offender Treatment Program operated by the Rehabilitation and Reentry Programs is a four phase program, which provides group counseling, psycho-educational modules and one year in a therapeutic community environment, targets inmates nearing their anticipated release date. The program has the capacity to treat 475 inmates at any given time. The Sex Offender Education Program serves offenders who pose a lower risk of re-offending. The Serious and Violent Offender Reentry Initiative (SVORI) provides in-cell programming and post-release transitional services to offenders who will be released directly from administrative segregation to the street. The Gang Renunciation and Disassociation Program (GRAD) provides in-cell programming to Security Threat Group members in order to facilitate disassociation from gang membership and release from administrative segregation to the general population. GO KIDS (Giving Offenders’ Kids Incentives and Direction to Succeed) combines programs geared towards strengthening the parent-child relationship with efforts to link family members to community resources. Although a separate state agency, it should be noted the Windham School District provides basic (K - 12) academic, vocational and life skills education for thousands of prison inmates and state jail felons. In conjunction with the Texas Workforce Commission, Windham also administers Project RIO (Re-Integration of Ex-Offenders), which assesses job skills, prepares a plan for obtaining suitable employment, provides training in job search techniques and provides placement assistance. The Windham School District’s Division of Continuing Education contracts with junior colleges to provide inmates with post-secondary academic

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•



•



•



•



•



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and vocational education. State funds pay for one course per inmate each semester; any additional courses must be paid for with the inmate’s personal funds. In addition to rehabilitation programs, the Rehabilitation and Reentry Division administers the offender DNA testing and controlled substance testing programs (although the latter program is being transferred to the Correctional Institutional Division), as well as the TDCJ component of the civil commitment and risk assessment processes for sex offenders. The CID contracts for approximately 4,000 beds in seven privately- operated facilities in which inmates nearing their anticipated release date receive educational and vocational training to foster their re-integration into society; and another 7,000 beds in seven state jail facilities. State jails house felons convicted of property and drug offenders sentenced to a maximum of two years in a state jail facility, and low-risk inmates awaiting transfer to the Institutional Division. The CID also contracts with counties for temporary jail capacity, and with private vendors for various facilities holding parolees (see page 63).



C. What evidence can you provide that shows the effectiveness and efficiency of this program or function? Provide a summary of key statistics and performance measures that best convey the effectiveness and efficiency of this function or program.



The most significant performance measures involving this function include escape rates, recidivism rates and cost-per-day. The number of escapes as a percentage of the inmate population was about one one-hundredth of one percent, low relative to the national average and just above the target rate of zero. The recidivism rate of 28.3 percent after three years is also low relative to the national average and below the target rate of 33 percent. The cost-per-day for support services was just below the targeted rate (99.235 percent) while the agency’s overall cost-per-day remains low relative to the national average. Other performance measure demonstrating the effectiveness and efficiency with which this function is performed are cited in Section II of the report.

D. Describe any important history regarding this program not included in the general agency history section, including how the services or functions have changed from the original intent.



The most significant aspects of this function’s history, including the Ruiz litigation and the evolution of the substance abuse treatment initiative and the State Jail system, are described in the general agency history.

E. Describe who or what this program or function affects. List any qualifications or eligibility requirements for persons or entities affected. Provide a statistical breakdown of persons or entities affected. The statistics below regarding the inmate population are as June 30, 2005.

Age Category

June 2005



Prison



State Jail



SAFP

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Total

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14-16 17-18 19-20 21-22 23-24 25-29 30-34 35-39 40-44 45-49 50-54 55-59 60-64 65+ Total



18 654 3,424 6,277 8,156 22,020 20,299 20,081 20,415 15,342 8,657 4,456 2,113 1,515 133,427



0 247 991 1,245 1,380 2,731 2,228 2,105 1,909 1,289 535 172 52 26 14,910



0 47 243 335 304 538 414 387 434 298 135 51 19 11 3,216



18 948 4,658 7,857 9,840 25,289 22,941 22,573 22,758 16,929 9,327 4,679 2,184 1,552 151,553



Race Black Hispanic White Other and Unknown Total



Prison 51,132 39,943 41,708 644 133,427



State Jail 6,061 3,828 4,951 70 14,910



SAFP 694 869 1,627 26 3,216



Total 57,887 44,640 48,286 740 151,553



Gender Female Male Total



Prison 7,871 125,556 133,427



State Jail 3,438 11,472 14,910



SAFP 712 2,504 3,216



Total 12,021 139,532 151,553



Offense Category Homicide Kidnapping Sexual Assault Robbery Assault Terroristic Threat Arson Burglary Larceny Stolen Vehicle Forgery Fraud Damaged Property

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Prison 15,280 1,209 18,050 22,152 15,609 9 687 15,579 2,329 1,131 1,016 355 60

42



State Jail 15 8 0 0 103 1 0 1,025 2,445 950 1,386 569 132



Total 15,295 1,217 18,050 22,152 15,712 10 687 16,604 4,774 2,081 2,402 924 192

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Smuggling Property Crimes Possession Delivery Drug-Other Family Offenses Health & Safety Non-Violent Sex Offenses Requiring Registration Obstruction/Public Order Civil Rights Vice Other Public Administration Sex Offenses/Sex Offender Registration Traffic Offenses Weapons Offenses DWI Not Available Total



0 3 13,952 8,495 629 268 11 3,690 2,018 52 834 146 312 1,679 198 2,130 5,493 51 133,427



3 3 5,144 1,223 17 190 0 6 954 2 272 2 81 100 9 45 81 144 14,910



3 6 19,096 9,718 646 458 11 3,696 2,972 54 1,106 148 393 1,779 207 2,175 5,574 195 148,337



*Does not include 3,216 SAFP offenders who were incarcerated for a variety of offenses.



F. Describe how your program or function is administered. Include flowcharts, timelines, or other illustrations as necessary to describe agency policies and procedures. List any field or regional services.



The Correctional Institutions (CI) Division is organized into six geographic regions. As of August 31, 2004, the division operated 51 state prison facilities, three pre-release facilities, three psychiatric facilities, one Mentally Retarded Offender Program (MROP) facility, two medical facilities, 13 transfer facilities, 16 state jail facilities, and five substance abuse facilities (SAFP). There were five expansion cellblock facilities, additional medical facilities, boot camps, and a work camp co-located with several of the facilities mentioned above. In addition, the CI Division monitors privatelyoperated facilities, to include seven private prisons, five private state jails, one work program colocated on one private facility, two pre-parole transfer facilities, five intermediate sanction facilities (four privately-operated and one state-operated), seven halfway houses, two county jails, and 23 substance abuse facilities. The departments of Ombudsman and Plans and Operations report directly to the CI Division director. The Office of Ombudsman is a central point of contact for the public and legislators to express concerns or make inquiries regarding offenders/issues. The Plans and Operations Department provides support to division leadership in various capacities, including coordination and staffing of all security-related policies and operational plans; budget, contracts, and payment functions for private contract prisons and state jails.



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The division is divided into three areas: Prison and Jail Management, Management Operations, and Support Operations. Each area is under the leadership of a deputy director. The deputy director of Prison and Jail Management manages the regional directors in each of the six geographical regions. Each regional director is responsible for a hierarchy of wardens, assistant wardens, majors, captains, lieutenants, sergeants, and correctional officers who provide security at each prison unit and state jail within those regions. The CI Division deputy director also has oversight of a security advisor office and the tracking canine coordinator. The deputy director of Management Operations has oversight of Private Facility Contract Monitoring and Contract Management, as well as the Laundry and Food Services and Security Systems departments. Contract Monitoring is responsible for the oversight and monitoring of the agency’s private vendor contracts. The monitoring unit works to ensure adherence to the terms of the contract and reports non-compliance items for sanctions. The unit consists of regional supervisors and contract monitors located throughout the state. Contract Management is responsible for enforcing contractually defined compliance standards by calculating per diem deductions for services not received. Staff also reviews and participates in contract negotiations; researches, coordinates, and negotiates proposed contract modifications and extensions; manages state-owned property; processes monthly payment requests; processes facility generated income expenditure requests; and coordinates annual facility condition assessments. Laundry and Food Service Headquarters includes the agency’s laundry and necessities, barbershop, and food service programmatic areas. Laundry and Food Service employs over 1,500 laundry managers, inventory coordinators, and food service managers. The unit-based staff works in over 200 unit laundry and food service programs. Approximately 27,000 offenders work in the unit food service and laundry departments. Offenders are provided on-the-job training that can help prepare them for reintegration into society. Offenders are taught skills and work ethics which can benefit them as they seek employment once released from TDCJ. The Security Systems Department provides support to CID units in areas of security staffing, armory operations, Use of Force equipment, weapons and weapons repair, chemical agents and surveillance equipment, and also oversees the Safe Prisons Program, including the Safe Prisons Program Management Office and the Safe Prisons Program Council. Support Operations oversees support functions such as Classification and Records, Correctional Training and Staff Development, and Offender Transportation. The Classification and Records Department schedules and processes offenders for intake, release and transfers. It creates and maintains records on these offenders, and provides oversight, training and technical support for all unit-based classification personnel and committees. It is responsible for the coordination and oversight of the Offender Individualized Treatment Plan process and provides oversight, training and technical support for unit count rooms, which document the housing, work assignments and programmatic assignments of offenders at the unit level. Through the State Classification Committee (SCC), Classification and Records provides a centralized classification process that provides support for most classification decisions made at the unit level. The SCC reviews recommendations made by unit committees for promotions in time earning status, disciplinary actions, transfers and special housing assignments due to security or safety needs. The Security Threat Group Management Office (STGMO) of the Classification and Records Department

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monitors the activities of security threat groups (gangs) and their members who threaten the safety and security of TDCJ units, offenders and staff. The Counsel Substitute Program secures and protects the due process rights of offenders charged with disciplinary infractions by providing trained staff to assist offenders during the disciplinary process and to ensure the disciplinary process operates efficiently and with accountability on all facilities operated by TDCJ. The Office for Disciplinary Coordination monitors facility compliance with disciplinary policies and procedures and maintains current disciplinary policies and procedures with the goal of standardizing them to the maximum extent possible. The MSCP assists offenders in keeping in touch with family and friends and facilitates offender access to the courts and public officials. The MSCP ensures offender correspondence is processed in accordance with established correspondence rules and agency policies. The Community Liaison Department coordinates entry prevention programs to ensure effective and efficient use of programmatic resources. Correctional Officer Training and Staff Development provides training for newly hired security staff; annual in-service training for existing security staff; and a variety of specialized training. Training is provided at 9 training academies as well as at 25 unit-based sites. Offender Transportation is headquartered in Huntsville at the Byrd Unit with five satellite offices located in Amarillo, Abilene, Tennessee Colony, Rosharon, and Beeville. This department is responsible for unit-to-unit transfers, state and federal court appearances, medical transfers, county jail transfers, out-of-state extradition, and responding to emergencies (i.e. floods, hurricanes, and other emergency disturbances).



G. Identify all funding sources and amounts for the program or function, including federal grants and pass-through monies. Describe any funding formulas or funding conventions. For state funding sources, please specify (e.g., general revenue, appropriations rider, budget strategy, fees/dues).

Method of Finance Appropriated Receipts Criminal Justice Grants Education and Recreation Program Receipts Federal Funds Fugitive Apprehension Account No. 5028 General Revenue Interagency Contracts Interagency Contracts – Texas Correctional Industries Private Sector Prison Industry Expansion Account No. 5060 Texas Correctional Industries Receipts June 2005 45 2004 19,464,820 3,000,000 74,955,477 23,871,517 10,693,341 1,757,126,367 4,125,363 32,271,477 500,166 10,784,838 Sunset Advisory Commission



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Total



1,936,793,366



The riders outlined below were included in the General Appropriations Act, Article V, and passed by the 79th Legislature: 11. 15. 16. 26. 27. 29. 30. 33. 36. 41. 42. 46. 47. 70. 77. Appropriation: Meals Authorized Appropriation: State-owned Housing Authorized Appropriation: Laundry Service Appropriation: Agriculture Receipts Appropriation: Acceptance of Grants, Gifts Appropriation: Texas Correctional Industries Receipts Appropriation: Unexpended Balances for Increased Offender Populations Appropriation: Recreational Facility Fees Project RIO Appropriation: Education and Recreation Program Receipts Private Sector Prison Industries Oversight Authority Managed Health Care – Reporting Requirements Managed Health Care Operational Shortfalls Minimum Standards of Contracted Facilities Contracted Temporary Capacity



H. Identify any programs, internal or external to your agency, that provide identical or similar services or functions. Describe the similarities and differences.



The Texas Youth Commission provides incarceration and rehabilitation services to the juvenile offender population. Agencies like the Department of State Health Services, Department of Aging Disability Services and Texas Workforce Commission provide medical, mental health, substance abuse treatment and job training services to individuals who are not incarcerated

I. Discuss how the program or function is coordinating its activities to avoid duplication or conflict with the other programs listed in Question H and with the agency’s customers. If applicable, briefly discuss any memorandums of understanding (MOUs), interagency agreements, or interagency contracts.



The Texas Department of Criminal Justice and the Texas Youth Commission are responsible for separate and distinct populations. Agencies such as DSHS and the DADS do not serve the incarcerated population, so there is no duplication or conflict with these programs. Upon release, TDCJ coordinates with these entities through the continuity of care program administered by the Texas Correctional Office on Offenders with Medical and Mental Impairments, and with the Texas Workforce Commission through an interagency contract providing for the joint responsibilities in administering the Project RIO program.

J. If the program or function works with local, regional, or federal units of government include a brief description of these entities and their relationship to the agency.

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The Correctional Institutions Division works with county governments to coordinate the intake of convicted felons from county jails into TDCJ facilities. Once an offender is paper-ready, counties are responsible for providing the pen packet to the CID. Upon receiving the pen packet, CID schedules an admissions date and makes arrangement to transport the offender. By statute TDCJ has forty-five days from the date an offender is paper-ready to accept the offender for admission. Currently the average number of days it takes for the agency to accept an inmate is in the midtwenties. Multiple divisions of the agency coordinate with local agencies, non-profits and faithbased organizations in an effort to facilitate access to community resources for released offenders.



K. If this program or function is contracted out, provide a description of how you ensure accountability for funding and performance.



The Texas Department of Criminal Justice contracts for the operation of more than 15,000 secure beds in privately operated prisons, state jails, pre-parole transfer facilities and intermediate sanction facilities for parole violators as well as on-secure residential beds providing shelter and substance abuse treatment services. The Management Operations Department within the Correctional Institutions Division is primarily responsible for monitoring contractor performance through the use of contract monitors assigned to privately-operated facilities across the state. The monitors ensure adherence to terms of the contract and report instances of noncompliance, while contract management staff enforce contract provisions by coordinating corrective action and imposing sanctions when appropriate. Compliance reviews include both scheduled and unscheduled site visits.



L. What statutory changes could be made to assist this program in performing its functions? Explain.



No statutory changes relating to this function are recommended at this time. Please see Section IX for a list of all statutory changes recommended by the agency.



M. Provide any additional information needed to gain a preliminary understanding of the program or function. NA



A. Provide the following information at the beginning of each program description.

Name of Program or Function Location/Division Contact Name

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Ensure and Maintain Adequate Facilities Facilities Division Charles Marsh

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Actual Expenditures, FY 2004 Number of FTEs as of August 31, 2004



$46,875,306 (excludes maintenance expenditures) 89.0 (excludes maintenance employees)



B. What is the objective of this program or function? Describe the major activities performed under this program.



The primary objective of this function is to provide and maintain safe, secure correctional facilities of sufficient capacity to accommodate the demand from the courts and the parole revocation process. The division is responsible for all aspects of facility management including planning, design, construction and maintenance. Although in years past the division has been responsible for the construction of additional prison capacity, principle responsibilities today involve the renovation, repair and maintenance of the agency’s large and aging facility infrastructure, to include buildings and the heating, ventilation and air conditioning components (AC is provided in administrative and medical facilities), boilers, electronic controls and other systems contained within; as well as wastewater plants, wells and water distribution networks, etc. The division is also responsible for utility/energy requirements and compliance with energy and environmental laws. Note that while the discussion of this function includes all aspects of the operations of the Facilities Division, the employees and expenditures associated with the maintenance aspect are reported under Goal C of the appropriation bill and the Incarcerate Felons function of this report.

C. What evidence can you provide that shows the effectiveness and efficiency of this program or function? Provide a summary of key statistics and performance measures that best convey the effectiveness and efficiency of this function or program.



Although there are no key performance measures associated with this function, TDCJ has historically constructed facilities at a lower cost-per-bed than the national average. Current construction is limited to renovation and repairs of existing facilities, to include roof repairs, security fencing and lighting, electrical renovations and major infrastructure improvements. With responsibility for the physical plants of 106 correctional facilities, to include 6 more than one hundred years old, another 13 more than seventy-five years old and yet another 14 more than 50 years of age, the size, scope and complexity of the TDCJ physical plant requires substantial ongoing repair and renovation. Also figuring into the mix are 43 water wells, 25 water towers and 19 wastewater treatment systems. During Fiscal Year 2004 alone there were 381,863 corrective maintenance work orders completed; 352,493 preventative maintenance work orders completed; 210 major work requests completed; 18 energy audits completed and 13 maintenance assistance visits completed (facility inspection to include list of deficiencies).

D. Describe any important history regarding this program not included in the general agency history section, including how the services or functions have changed from the original intent.



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During the 1990s the Facilities Division presided over the one of the largest correctional construction programs in the nation. During this decade the Legislature has responded to population pressures through a variety of means other than construction of additional prison capacity. Legislative appropriations for construction have been reduced as appropriate to support the priority mission of renovation, repair and maintenance, consequently the staffing within the division has been reduced commensurate with the existing mission and level of appropriations.

E. Describe who or what this program or function affects. List any qualifications or eligibility requirements for persons or entities affected. Provide a statistical breakdown of persons or entities affected.



This program effects the safe and secure operation of all 106 TDCJ correctional facilities and the 151,000 offenders incarcerated in those institutions as well as the agency’s more than 38,000 employees, the majority of whom work in facilities maintained by the Facilities Division.



F. Describe how your program or function is administered. Include flowcharts, timelines, or other illustrations as necessary to describe agency policies and procedures. List any field or regional services.



The central office providing the overall administration of programs is located in Huntsville. In addition to the Director and Deputy Director of Maintenance this function includes an annual review of the physical condition of each prison unit, administration of equipment replacement and construction projects assigned to maintenance, audits of unit maintenance compliance with Agency policy and procedures, technical assistance with locking systems and fire protection systems, and maintenance of the Computerized Maintenance Management System (CMMS). Six regional maintenance organizations are located in Huntsville, Palestine, Rosharon, Beeville, Childress, and Gatesville. These region maintenance organizations perform and supervise offenders who perform construction, major maintenance and renovations, and asbestos abatement work. The regions also provide technical oversight over Unit maintenance staff. The regions cover the same groups of prison units that the CID region organization covers. A small number of staff with assigned offenders maintains facilities of the Huntsville administrative complex. Unit Maintenance employees perform and supervise offenders who perform daily corrective and preventive maintenance as well as small construction and renovation projects. The unit maintenance staff is supervised by both the unit warden and by the Region Maintenance Manager. Facilities Division Project Flow Chart The process begins with the customer identifying and defining a statement of need, which is then submitted to the Engineering Department. An Architect or Engineer is assigned to each project for

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oversight regardless of whether a design solution is required or if the project will be completed by maintenance. Projects that do not require a design solution are accomplished by the maintenance department. Maintenance can either submit the work to contracting or accomplish the work themselves. Projects requiring a design solution can be accomplished with in-house design staff or contracted out to one of several architectural and engineering firms on contract with TDCJ. Projects are then tracked until the construction phase is complete. The construction phase can like wise either be achieved via contract or in-house resources. Timelines vary from project to project and can take more than a year to complete through the design and construction phases. In all cases, projects are overseen by engineering and/or maintenance from the time the statement of need is identified through construction completion. Please see the flowchart that follows.



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Facilities Division Program/Function Flow Chart

Customer Identifies Statement of Need



Engineering Required



No



Maintenance Solution



Yes



Request for Engineering Dept. to Develop Design Solution



Inside Resources



No



Purchase Order



Yes Maintenance Solution Completed



In-House Design



No



Design Contract Awarded and Completed



Yes



In-House Design Completed



In-House Construction



No



Construction Contract Bid and Award



Yes



Engineering Solution Completed



No matter what method of project execution, Engineering and /or Maintenance oversight is provided.



Customer Statement of Need Corrected



TD



CJ



G. Identify all funding sources and amounts for the program or function, including federal grants and pass-through monies. Describe any funding formulas or funding conventions. For state

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funding sources, please specify (e.g., general revenue, appropriations rider, budget strategy, fees/dues).

Method of Finance Bond Proceeds – General Obligation Bonds General Revenue Total 2004 28,059,682 18,815,624 46,875,306



The riders outlined below were included in the General Appropriations Act, Article V, and passed by the 79th Legislature: 59. Appropriation: Unexpended Balances of Construction Bonds 76. Marlin Correctional Facility

H. Identify any programs, internal or external to your agency, that provide identical or similar services or functions. Describe the similarities and differences.



The Texas Building and Procurement Commission (TBPC) provides similar construction and maintenance services to many state agencies. The Texas Department of Criminal Justice is one of several state agencies, to include the Department of Transportation, Parks and Wildlife Department and institutions of higher education, which due to the size and other unique aspects of their program and infrastructure is by statute responsible for their own construction and maintenance programs.

I. Discuss how the program or function is coordinating its activities to avoid duplication or conflict with the other programs listed in Question H and with the agency=s customers. If applicable, briefly discuss any memorandums of understanding (MOUs), interagency agreements, or interagency contracts. Duplication with TBPC is avoided due to the Legislature’s clear assignment of responsibility for TDCJ construction and maintenance programs. The Department of Criminal Justice does have an interagency agreement with the Texas Youth Commission to provide construction services. J. If the program or function works with local, regional, or federal units of government include a brief description of these entities and their relationship to the agency.



Not Applicable

K. If this program or function is contracted out, provide a description of how you ensure accountability for funding and performance.



The Facilities Division provides construction and maintenance services utilizing both “in-house” agency staff, inmate labor and contract vendors, depending on which represents the best value for the state. Contract services may include architectural and engineering work, construction, and systems maintenance, monitoring, sampling and testing. The Facilities Division monitors the

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performance of all of these contracts on an individual basis, utilizing periodic inspections of to assess the quality of labor, service and materials. Additionally, the division conducts annual reviews of prison unit condition called Maintenance Assistance Visits. These reviews involve a rigorous physical inspection of the condition of our facilities and result in a list of deficiencies to be corrected and a percentage score.



L. What statutory changes could be made to assist this program in performing its functions? Explain.



No statutory changes relating to this function are recommended at this time. Please see Section IX for a list of all statutory changes recommended by the agency.

M. Provide any additional information needed to gain a preliminary understanding of the program or function. NA



A. Provide the following information at the beginning of each program description.

Name of Program or Function Location/Division Contact Name Actual Expenditures, FY 2004 Number of FTEs as of August 31, 2004 Operate Parole System Parole Division Bryan Collier $157,298,220 2,567.2



B. What is the objective of this program or function? Describe the major activities performed under this program.



There are several primary objectives of this function: determining the release of eligible inmates through parole or executive clemency; supervising and assisting parolees in adjusting to community life; and when necessary, applying appropriate sanctions to those who fail to comply with conditions of release. Two separate but interrelated entities, the Board of Pardons and Paroles and the Parole Division, are responsible for the administration of the parole system. The Board of Pardons and Paroles is an independent seven member body administratively attached to the Department of Criminal Justice and is responsible for determining who is released to parole and the conditions of release to parole and mandatory supervision, making recommendations to the Governor regarding acts of executive clemency, making revocation decisions, and managing the revocation hearing process. The Board of

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Pardons and Paroles employs parole commissioners who also make release and revocation decisions. Although the release of offenders convicted of certain serious crimes requires a two-thirds vote of the entire membership, and recommendations regarding executive clemency also require a vote by the full Board, the Board of Pardons and Paroles conducts most of its business via three-member panels. Board members generally cast their votes separately rather than convene as a group. Inmates under consideration for parole may be interviewed by an individual board member, but in most cases the parole decision is made based upon reviewing the inmate’s file. While inmates released to mandatory supervision are not subject to discretionary review and approval by the Board of Pardons and Paroles (unless their offense was committed after September 1, 1996, in which case the Board of Pardons and Paroles can prevent their release), members are still responsible for assigning conditions of release. Some typical conditions of release might include electronic monitoring, drug testing, or placement in a halfway house. Administrative hearing officers, who are employees of the Board of Pardons and Paroles, conduct parole revocation hearings where releasees accused of violating the conditions of their release are given an opportunity to contest the allegations. The report and recommendations of the hearing officer are forwarded to a board panel which determines whether to revoke, continue or modify the conditions of release. Warrants for technical violations are disposed of within forty days of execution, pursuant to statutory requirements. The Parole Division’s Review and Release Processing Section provides the Board of Pardons and Paroles with information on each inmate eligible for release so the Board of Pardons and Paroles can make informed decisions regarding release and imposition of special conditions. Institutional parole officers interview inmates eligible for release, prepare a case summary, transmit the inmate’s file to the Board of Pardons and Paroles and coordinate the release of eligible inmates. The Review and Release Processing Section reviews inmate files for compliance with statutory criteria, verifies the imposition of special conditions, notifies trial officials of pending releases and prepares certificates of release. The section also responds to public inquiries regarding an inmate’s release status. Approximately 1,200 field parole officers in 67 district offices monitor the activities of roughly 77,000 releasees under active supervision to ensure their compliance with the conditions of release. The typical caseload is 75 parolees to one officer; however, there are smaller caseloads for higher risk offenders, sex offenders, mentally impaired offenders, releasees subject to electronic monitoring and certain substance abusers. Parole officers also investigate proposed release plans, coordinate the delivery of services once an offender is under supervision and make recommendations regarding parole revocation or the modification of release conditions. The Parole Division has the authority to issue warrants for the arrest of a releasee who has committed technical violations, violated state law, been released in error or who constitutes a danger to the community. The Warrants section processes all actions related to the issuing, monitoring and withdrawal of warrants. The Parole Division, in conjunction with the Correctional Institutions Division, utilizes contracts for approximately 2,300 secure beds used to provide inmates nearing their parole or mandatory release date with alternative housing and pre-release programming. Inmates within one year of the

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anticipated parole or mandatory release date are eligible for the pre-parole transfer program. Independent living skills, job training and educational programming are provided at the facilities. The Parole Division, in conjunction with the Correctional Institutions Division, utilizes contracts for 500 secure beds in a work program facility where private vendors provide employment opportunities to inmates nearing their anticipated release date. Vendors are required to pay prevailing wages to inmates who learn important job skills and earn funds to obtain housing upon their release. Private sector employers are currently providing more than 400 jobs at the work program facility and at work program sites in other Texas prisons. The Parole Division, in conjunction with the Correctional Institutions Division, utilizes contracts for approximately 1,200 beds to provide parolees and inmates released to mandatory supervision with temporary housing. The halfway house program is made available to releasees with no place to live and no financial resources to obtain housing. Releasees are subject to curfews and other restrictions on their movements, but can leave the facility for specified reasons such as to work or seek employment. Substance abuse education, job training and education programming are provided at the halfway houses. Since halfway houses are not located in all areas of the state and may not be suitable for certain types of offenders, contracts for a small number of beds in county jails are also utilized. Under the terms of these contracts releasees may participate in the jail’s work release program in order to earn funds necessary for independent living. The Parole Division, in conjunction with the Correctional Institutions Division, utilizes contracts for approximately 1,400 secure beds (and an additional 400 beds operated by the Correctional Institutional Division) to provide an alternative sanction in lieu of revocation for releasees who have committed technical violations of their parole or mandatory supervision release. Releasees usually stay about 90 days in these intermediate sanction facilities.



C. What evidence can you provide that shows the effectiveness and efficiency of this program or function? Provide a summary of key statistics and performance measures that best convey the effectiveness and efficiency of this function or program.



Key performance measures include the number of parole cases considered, the number of parole cases processed, the releasee annual revocation rate, the number of pre-revocation warrants issued, the average number of pre-parole transferees in pre-parole transfer facilities, and the average number of releasees in Intermediate Sanction Facilities. The agency generally met or exceeded the target for each of these key measures during FY 2004. The agency lagged the target in three areas. However, it should be noted that while the releasee revocation rate and the number of pre-revocation warrants issued were lower than targeted, this reflects positively on efforts to successfully reintegrate offenders into the community. The average number of offenders in pre-parole transfer facilities was at 98 percent of the target.

D. Describe any important history regarding this program not included in the general agency history section, including how the services or functions have changed from the original intent.



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The evolution of the Board of Pardons and Paroles, a separate state agency administratively housed within the Department of Criminal Justice, is not fully discussed in the agency history. As noted in the agency history, the Board of Pardons and Paroles was created in 1936, and the division of parole supervision established in 1957. In 1989 the Texas Legislature merged the parole supervision function into the newly created Texas Department of Criminal Justice. The Board of Pardons and Paroles became an eighteen member body responsible for determining who is released to parole and the conditions of release to parole and mandatory supervision, making recommendations to the Governor regarding acts of executive clemency, making revocation decisions, and managing the revocation hearing process. In 1997 a seven member policy board was created to focus on matters of policy and oversight of administration, then in 2001 the eighteen member board was abolished and replaced with a seven member Board of Pardons and Paroles. The board members may employ parole commissioners to assist them in their responsibilities to vote cases.

E. Describe who or what this program or function affects. List any qualifications or eligibility requirements for persons or entities affected. Provide a statistical breakdown of persons or entities affected.



Offenders released via parole or mandatory release remain under the supervision of the parole division until such time as they have discharged their sentence. STATE WIDE TOTALS OF RELEASEES AS OF JUNE, 2005 Active Cases (Under Officer Supervision) Normal Reporting In Custody – Not Revoked Quarterly Report Status Pending Arrival TOTAL Status Total 64,750 10,002 1,687 181 76,620



Inactive Cases (Under PPD Jurisdiction) Declared Absconder Annual Report Status Supervised Out-Of-State Released to Detainer/Deported Death Reported TOTAL

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Status Total 12,884 975 3,249 8,766 26 25,900

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F. Describe how your program or function is administered. Include flowcharts, timelines, or other illustrations as necessary to describe agency policies and procedures. List any field or regional services.



Flow charts describing the review and release processes are provided below.



Review Process

Following conviction, county Following conviction, county commitment documents are commitment documents are forwarded to CID for placement forwarded to CID for placement in TDCJ data systems. in TDCJ data systems. If approved, offender If approved, offender is released on parole is released on parole eligibility date or date eligibility date or date specified by Board. specified by Board. Case summary is Case summary is forwarded to forwarded to supervising PO. supervising PO. If denied parole, If denied parole, offender is considered offender is considered for parole 4 months for parole 4 months from next scheduled from next scheduled review date, which review date, which is set by Board. is set by Board.



Offender Is identified as Offender Is identified as eligible for parole within eligible for parole within 6 months of calculated parole 6 months of calculated parole eligibility (or set review date eligibility (or set review date based on prior Board action). based on prior Board action).



APPROVED

Parole Officer (PO) gathers Parole Officer (PO) gathers offender data (from offense offender data (from offense reports, probation reports, reports, probation reports, parole revocation, etc.). parole revocation, etc.).



DENIED



Using case summary & related documents, Using case summary & related documents, Board makes decision & Board makes decision & sets appropriate special conditions. sets appropriate special conditions.



PO interviews offender & completes case summary outlining criminal, social, PO interviews offender & completes case summary outlining criminal, social, medical, psychological, & institutional adjustment history; medical, psychological, & institutional adjustment history; offender’s file is submitted to Parole Board (Board) for review. offender’s file is submitted to Parole Board (Board) for review.



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Release Process

Cases scheduled for future Cases scheduled for future release to parole or mandatory release to parole or mandatory supervision are identified daily supervision are identified daily by computer download. by computer download. Offender released to parole or Offender released to parole or mandatory supervision. mandatory supervision.



Certificate issued & Certificate issued & release date set by TDCJ-CID. release date set by TDCJ-CID. Staff reviews files for statutory, Staff reviews files for statutory, agency, & Board requirements. agency, & Board requirements.



Appropriate cases referred to Appropriate cases referred to Board for review of special Board for review of special conditions &/or Super-intensive conditions &/or Super-intensive Supervision Program. Supervision Program.



Cases screened for protests, Cases screened for protests, victim information, victim information, disciplinaries, additional disciplinaries, additional commitments, NTO/NCRS, & commitments, NTO/NCRS, & Board-imposed special Board-imposed special conditions; Notices sent to conditions; Notices sent to police chiefs. police chiefs.



Staff coordinates pre-parole investigation process, Staff coordinates pre-parole investigation process, providing field POʹs with case summary & related documents providing field POʹs with case summary & related documents to perform residence investigation. to perform residence investigation.



2



G. Identify all funding sources and amounts for the program or function, including federal grants and pass-through monies. Describe any funding formulas or funding conventions. For state funding sources, please specify (e.g., general revenue, appropriations rider, budget strategy, fees/dues).

Method of Finance Appropriated Receipts General Revenue Total 2004 1,631,959 155,666,261 157,298,220



The riders outlined below were included in the General Appropriations Act, Article V, and passed by the 79th Legislature: 35. 43. 44. 51. 85. Parole Supervision Ratio Appropriation: Sex Offender Notification Fees Appropriation: Parole Supervision Fees Parole Transitional Support Program Expansion of Temporary Pre-Parole Transfer Beds

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H. Identify any programs, internal or external to your agency, that provide identical or similar services or functions. Describe the similarities and differences.



The Texas Juvenile Probation Commission provides similar services to juvenile offenders on probation. Local Community Supervision and Corrections Departments provide similar services to adult offenders sentenced to probation by the courts. However, the offenders supervised by the Parole Division are not subject to jurisdiction of the sentencing court, but are instead subject to the terms of condition of release determined by the Board of Pardons and Paroles. Decisions regarding the modification and revocation of supervision for probationers are made by judges, whereas such decisions regarding prison releasees are made by the Board of Pardons and Paroles.

I. Discuss how the program or function is coordinating its activities to avoid duplication or conflict with the other programs listed in Question H and with the agency’s customers. If applicable, briefly discuss any memorandums of understanding (MOUs), interagency agreements, or interagency contracts.



Approximately one percent of the probationer population is also on parole supervision as well. These dual supervision cases are identified and information is shared between the respective probation and parole officers in order to facilitate appropriate supervision of the offender.

J. If the program or function works with local, regional, or federal units of government include a brief description of these entities and their relationship to the agency.



Parole officers work with local officials representing law enforcement, county jails, and service organizations as appropriate to assure proper supervision, processing of sanctions and services to the parolee population.

K. If this program or function is contracted out, provide a description of how you ensure accountability for funding and performance.



The Parole Division contracts for electronic monitoring services to include global positioning satellite monitoring equipment. The Division monitors these contracts within the Specialized Programs Section which is responsible for the tracking of equipment inventory, monitoring contract provisions and ensuring contract compliance. The section also conducts the training of staff assigned to work with electronic monitoring equipment. The Parole Division also contracts for sex offender treatment services. The Division monitors these contracts within the Specialized Programs Section which is responsible for the billing and monitoring contract compliance. Each contracted therapist is registered by the Council on Sex Offender Treatment which is responsible for issues related to the registration.

L. What statutory changes could be made to assist this program in performing its functions? Explain.

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No statutory changes relating to this function are recommended at this time. Please see Section IX for a list of all statutory changes recommended by the agency.

M. Provide any additional information needed to gain a preliminary understanding of the program or function.



NA



VIII. Statutory Authority and Recent Legislation

A. Fill in the following chart, listing citations for all state and federal statutes that grant authority to or otherwise significantly impact your agency. Do not include general state statutes that apply to all agencies, such as the Public Information Act, the Open Meetings Act, or the Administrative Procedure Act. Provide information on Attorney General opinions from FY 2001 - 2005, or earlier significant Attorney General opinions, that affect your agency's operations.

(Agency Name) Exhibit 13: Statutes/Attorney General Opinions Statutes Authority/Impact on Agency (e.g., Aprovides authority to license and regulate nursing home administrators@)



Citation/Title



GOVERNMENT CODE CHAPTER 491, TBCJ, TDCJ: GENERAL PROVISIONS § 491.001. (a) Definitions Provides definitions of Board, Community justice assistance division, Department, Executive director, Institutional division, Internal audit division, Pardons and paroles division, and State jail division applicable to Chapters 491 through 501, and 507 through 510. Defines the meaning of a reference in other law to Board of Pardons and Paroles, Probation department or adult probation department, Texas Adult Probation Commission, Texas Board of Corrections, and Texas Department of Corrections.



§ 491.001. (b) [Definitions continued



CHAPTER 492, TBCJ (BOARD): DUTIES AND MEMBERSHIP § 492.001. Control Over Department

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Board governs TDCJ.

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§ 492.002. Composition of Board; Compensation of Members



§ 492.003. Eligibility for Membership; Removal



§ 492.0031. Training Program for Members § 492.004. Notice of Qualifications; Responsibilities



§ 492.005. Organization of Board



§ 492.006. Board Meetings



§ 492.007. Opportunity for Public to Appear Before Board § 492.008. Oaths; Examination of Witnesses; Inquiries § 492.009. Seal § 492.010. (a) Suits by Board § 492.010. (b) and (d) (Suits by [against] Board continued) and [Service of Process]

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Lists composition of the Board, number of members, and terms; Board is not entitled to compensation other than reimbursement for actual necessary expenses as provided by the General Appropriations Act (GAA). Provides that a person is ineligible if the person or the person’s spouse has specified business or financial interests with TDCJ or, Texas trade associations (defined) in the field of criminal justice, or the person is a registered lobbyist; provides grounds for removal and procedure for notification of the governor. Requires the listed training be completed before the board appointee may vote, deliberate, or be counted as attending. The executive director or a designee shall provide information to TBCJ and TDCJ employees on state officer and employee standard of conduct responsibilities under applicable law and shall also provide information and requirements for office or employment under this subtitle (Codes Chapters 491 to 511, Subtitle G. Corrections, Title 4. Executive Branch, Tex. Gov’t Code). Governor appoints the chairman, the board elects a vice-chairman, committees to accomplish board duties may be appointed by the board, and necessary clerical assistance may be used. At least once quarterly with items requiring the Board’s consideration presented by the Board of Pardons and Paroles and the chairman of the judicial advisory council. Board rule shall provide the public a reasonable opportunity to appear and speak on any issue under the Board’s jurisdiction. Board members and the executive director may administer oaths, examine witnesses, and other necessary actions in inquiries into the truth of matters into which they are entitled to inquire. Board’s seal attesting to official acts: Texas Board of Criminal Justice around the margin of an engraved five-pointed star. Board represented by attorney general may sue on TDCJ’s behalf in Travis County. In suits against the Board or a member for official acts (other than suits brought by the state) no form

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§ 492.010. (c) (Suits by Board continued) § 492.011. Annual Fiscal Report



§ 492.012. Sunset Provision § 492.013. General Powers and Duties of Board



§ 492.0131. Parole Rules, Policies, Procedures



§ 492.014. Headquarters



of security bond may be required; executive director is the only person authorized to receive service for TBCJ, TDCJ or any division of TDCJ. This section does not authorize civil suits against the Board or a member, but does not prohibit offset or counter claims in suits brought by the Board. The TBCJ must file with the governor and each house of the legislature an annual fiscal report. The BPP is required to file under § 508.036(b)(4). Both Sections reference the GAA [Article IX, Part 7] for reporting requirements (form/time). TBCJ, TDCJ, (and the Board of Pardons and Paroles also Chapter 508, Subchapter B. §508.051) are subject to the Texas Sunset Act. The Board may adopt its own rules as needed and may apply for and accept gifts or grants. The Board’s duties: must employ and supervise a TDCJ executive director; must approve the budget and appropriations requests; must appoint the members of any advisory committees to TDCJ; and must develop policies that separate TBCJ and TDCJ responsibilities. The Board and the presiding officer of the Board of Pardons and Paroles must jointly review, must identify areas of inconsistency between TDCJ and the Board of Pardons and Paroles, and must amend or change as necessary for consistent parole process operation. TBCJ in Austin; TDCJ in Austin and Huntsville. Correctional Institutions division (CID) must have its headquarters in Huntsville; but it may assign not more than 15 personnel to Austin. TBCJ must try to locate all Austin offices (TBCJ, TDCJ, and CID if their 15 people or less are in a separate office) in one building or in buildings in close proximity to one another.



CHAPTER 493 TEXAS DEPARTMENT OF CRIMINAL JUSTICE: ORGANIZATION § 493.001. Department Mission § 493.002. Divisions Public safety, positive change in offender behavior, reintegration of offenders into society, and crime victim assistance. Lists the divisions in the department, provides that the board may establish additional divisions and the

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§ 493.0021. Organizational Flexibility



§ 493.003. (a) Community Justice Assistance Division § 493.003. (b) (Community Justice Assistance Division [continued])



§ 493.004. Institutional Division



§ 493.005. Pardons and Paroles Division § 493.0051. State Jail Division § 493.0052. Internal Audit Division



§ 493.0053. Programs and Services Division § 493.006. Executive Director



executive director hires the directors for each division except the internal audit division. Notwithstanding §§ 493.002.- 493.0051. and both §§ 493.0052. (one renumbered as § 493.0053.), the executive director, with the approval of the board, may create new TDCJ divisions not listed in § 493.002, eliminate any or all divisions listed or created, and reorganize the distribution of duties and powers. Actions that potentially impact community corrections or community supervision and corrections departments may not be taken until comments have been requested (and considered) from the judicial advisory council § 493.003(b) below and 37 TAC Rule 161.121). Provides standards and funds to community supervision and corrections departments (CSCDs). Lists the composition of the judicial advisory council number of members and terms; council is not entitled to compensation but is entitled to actual necessary expenses as provided by the General Appropriations Act (GAA). Correctional Institutions Division [CID] oversees prison facilities, pre-release facilities, psychiatric facilities, a Mentally Retarded Offender Program facility, medical facilities, transfer facilities, state jail facilities, substance abuse felony punishment facilities [SAFP], expansion cellblock facilities, boot camps, and work camps. CID is also responsible for support operations: Classification and Records, Correctional Training and Staff Development, Offender Transportation, Food and Laundry Service, and administering/monitoring privately operated facilities. Supervises and reintegrates felons into society after release from confinement. Operates and manages state jails. Director hired by the Board and reports directly to Board. Conducts internal audits, contract audits, and CSCD audits; sends reports to the Board and the executive director. Allows Rehabilitation and Reentry Programs Division to administer the rehabilitation and reentry programs. Minimum qualifications. Responsible for the administration and enforcement of all laws relating

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§ 493.007. Personnel



§ 493.0071. Employee Exit Interviews



§ 493.008. Audit by State Auditor § 493.0082. Disposition of Certain Financial Assets



§ 493.0083. Program Evaluation Capability



§ 493.009. Substance Abuse Felony Punishment Facilities



§ 493.010. Contracts for Miscellaneous Housing § 493.011. Consultant Contracts for Prison Construction § 493.012. Historically Underutilized Businesses



§ 493.013. Federal Funds Committee

Sunset Advisory Commission



to department including department rules; but may delegate as permitted by Board rule or general law. Requirements for the executive director to develop an interagency career ladder; a system of annual performance ratings; and a written EEO policy statement that must be updated annually, reviewed by the Civil Rights Division of the Texas Workforce Commission, and filed with the governor. TDCJ must conduct voluntary exit interviews of those who voluntarily end TDCJ employment, and responses will be analyzed by age, gender, race or ethnicity, years of service, rank, and duty location. The state auditor may audit TDCJ’s financial transactions and employee nepotism policies. TDCJ must deposit financial assets into the general revenue fund, with the comptroller, or into a local bank approved by the comptroller. This includes an asset held outside the treasury or an asset held in trust, such as inmate or employee trust account or an education and recreation account. TDCJ must maintain a program evaluation capability separate from the programs and services (the Rehabilitation and Reentry Programs) division to determine the effectiveness of rehabilitation and reentry programs and services provided to inmates and other offenders under TDCJ’s jurisdiction. Governs operation of facilities; TBCJ adopts criteria to determine suitability of candidates; program must be 3 to 12 months; program must contain highly structured work, education and treatment. The Board may lease or contract with public or private jails or alternative housing facilities for temporary or permanent offender housing. The Board is prohibited from contracting for construction-related consulting services from an individual or firm that is under contract with TDCJ to manage prison unit construction. The Board and TDCJ shall make good faith efforts for historically underutilized businesses to receive at least 30 percent of TDCJ’s business and annually report the results of their efforts to the legislature and governor. Identification, application, and reporting to the

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§ 493.014. Applicability of Certain Grievance Procedures



§ 493.0145. Identification of Inmates Subject to Arrest Warrant



§ 493.015. Identification of Deportable Aliens § 493.0155. Proper Identification of Inmates Using Alias



§ 493.016. Information of Public Interest; Complaints



board on federal grants and entitlements in order to maximize use of federal funds. A grievance procedure of TDCJ (§ 501.008.) or a division [State Jails, 37 TAC Rule 157.39(11)] applies to a grievance, relating to rules or internal procedures of TBCJ or TDCJ, by an inmate or other “person under the custody” or control of TDCJ. § 499.002(a) and § 499.0021(a) allow PPD to assume custody of inmates. and § 499.003(b) states, “A person transferred under this section is considered to be in the physical custody of the pardons and parole division.” Although PPD is a division of TDCJ there is clear statutory intent that under the custody of PPD is not under the custody of TDCJ. § 499.052. State Boot Camp Program is the source of other “persons” that certain grievance procedures apply to [uses person(s) twice in each of subsections (a), (b) and (c); and 10 times in (d). CID (then ID) must confine “persons,” make “persons” do strenuous labor, educate the “person” as to the conditions under which inmates in the division live, adopt rules of conduct for “persons, and must do other things regarding a “person” based upon what the “person” or a court does. TDCJ must conduct a criminal history record check for arrest warrants within sufficient time before an offender’s release to allow proper authorities to be notified and a demand for extradition of the offender to be processed. Assist in and request identification of criminal aliens by the Institutional Removal Program (IRP) of the United States Immigration and Customs Enforcement (ICE, previously INS). After notice from the Department of Public Safety, TDCJ must make a reasonable effort to identify the actual identity of any offender who used another person’s identifying information and ensure its records and files reflect the offender’s use of a stolen alias and any information found as to actual identity. TDCJ’s Ombudsman Program was established as a central point of contact to assist in public communication with the department. Files of written complaints that relate to the operations of TDCJ must include the person’s name, date, and subject matter of the complaint; name of each

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§ 493.017. Reports on Sex Offender Treatment



§ 493.018. Care of Terminally Ill Patients § 493.019 Enforcement Officers



§ 493.020. Seal of Department



§ 493.021. Electronic Creation and Transmission of Documents § 493.022. Polygraph Examination § 493.023. Charitable Fund-Raising § 493.024. Application of Law Related to Free Exercise of Religion



person contacted, results summary, and an explanation if the file was closed. TDCJ will notify the person who made the complaint of its status unless such notice would jeopardize an undercover investigation. Treatment providers of child sex offenders given community supervision report the number of counseling sessions attended by the offender during the preceding month, and if the offender stops attending, the reason to the CSCD officer not later than the 15th of each month; providers to paroled sex offenders report the same to parole officers; providers to juveniles given probation report to the local juvenile probation department; providers to juveniles released from the Texas Youth Commission (TYC) report to TYC. Hospice services for terminally ill inmates. Employees who are certified by the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) as peace officers may assist in performing the enforcement duties of the department. To certify commitment documents (i.e. pen packet), TDCJ’s seal must have Texas Department of Criminal Justice around the margin of an engraved five-pointed star. Documents required by statute may be created, maintained, transmitted, received, receipted for and receipted by electronic means and IDs. No suspension, discharge, or any form of employment discrimination for an employee’s refusal to take a polygraph examination. Employees may fund-raise on TDCJ property on their own time under TDCJ policies. This statute states that ordinances, rules, orders, decisions, and practices of jails and other facilities operated by or contracted by TDCJ further a compelling governmental interest and are the least restrictive means to further that interest (standards of Tex.Civ. Prac. & Rem. Code, Chapter 110. § 110.003). This Statute may be cited by the agency to a court without any factual evidence and the court will accept it as fact unless the other side has sufficient factual evidence to overcome the court’s acceptance.

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§ 493.025. Notification of Court of Release CHAPTER 494. INSTITUTIONAL DIVISION: POLICY, DIRECTOR, AND STAFF §494.001. Institutional Division Mission



TDCJ must notify the clerk of the court in which the offender was convicted of discharge or release on parole or mandatory supervision.



§494.002. Director



§494.003. Director’s Accounts §494.004. Director’s Reports



§494.007. Employees’ Salaries, Room and Board, Medical Care



§494.008. Department Employees: Limited Law Enforcement Powers



§494.010. Employees’ Possession and Use of Tobacco Products §494.011. Assessment of Unit Design and Security Systems



§494.012. Maintenance Staff



The mission is to appropriately confine, supervise, rehabilitate, and reintegrate felons, as well as manage correctional facilities based on constitutional/statutory standards. The director may adopt policies that govern the inmates’ treatment, training, education, rehabilitation, and discipline. The director may separate the inmates according to sex, age, health, and offense. Correct and accurate accounting of all financial transactions involving the institutional division shall be kept by the department. The director shall make a report at each board meeting describing the fiscal affairs and condition. Every year on January 1, the board shall require an inventory of all property that shall be available to the public. The General Appropriations Act provides the salaries for employees and the lodging budget policies, including policies for rent/rent-free housing. Employees injured in the line of duty are entitled to free medical care. An employee may, under express authorization by the executive director, have the same powers of a peace officer. Employees may assist peace officers in any county of the state if a request to apprehend an escapee is made. Employees may use tobacco products during work hours only at board designated locations which ensure the comfort and safety to other employees or inmates. At least once every three years, the security needs of the division must be assessed. The results of this assessment must be provided to the Legislative Criminal Justice Board no later than one year after completion. The division shall evaluate the efficiency of the maintenance staff for each unit. Such staff members may be assigned to more than one unit if

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it increases efficiency and shall be assigned to two or more units if it cost effective. CHAPTER 495. CONTRACTS FOR CORRECTIONAL FACILITIES AND SERVICES SUBCHAPTER A. CONTRACTS WITH PRIVATE VENDORS AND COMMISSIONERS COURTS § 495.001. Authority to Contract



§ 495.002. Inmates § 495.003. Contract Proposals; Qualifications and Standards



§ 495.004. Limitation on Authority Over Inmates



The board may contract with private vendors or the commissioners court of a county for financing, construction, operation, maintenance, or management of a correctional facility. A facility under this subchapter must hold not more than 1,000 inmates. Under this subchapter, only minimum or medium security inmates may be confined in a contract facility. The board can only award a contract if the board requests proposals and receives a proposal that meets or exceeds the requirements specified in the request for proposal and additional requirements. The additional requirements include that a person proposing to enter a contract must demonstrate the qualifications and experience to carry out the terms of the contract, as well as the ability to comply with American Correctional Association standards. Additionally, a proposal must provide other requirements including but not limited to regular on-site monitoring, acknowledgement that payment by the state depends on availability of appropriations, provide for payment of a maximum amount per biennium, offer a level and quality of programs at least equal to those provided by stateoperated facilities that incarcerate similar inmates, permit the state to terminate for cause, have an initial contract term of not more than 3 years, and provide for an adequate plan of insurance. A private vendor or county operating under contract may not compute inmate release or parole eligibility dates and may not award good conduct time. A private vendor or county under contract may not approve an inmate for furlough or preparole transfer or place/classify an inmate in a less restrictive custody.

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§ 495.005. Civil Liability



§ 495.006. Conversion of Facility



§ 495.007. Limitation § 495.008. Auditing and Monitoring Contracts



A private vendor operating under a contract may not claim sovereign immunity in a suit arising from services performed under the contract. This does not deprive the private vendor’s ability to limit liability exposure, set a limit on damages, or establish a defense to liability. The board may not convert a facility into a correctional facility operated by a private vendor or by a county if, before April 14, 1987, the facility was: (1) operated as a correctional facility by the board; or (2) being constructed by the board for use as a correctional facility. The board cannot enter into contracts under this subchapter for more than 4,850 beds. A comprehensive methodology for enhanced auditing and monitoring of all facilities operated under contract to house inmates shall be developed by the department. All new and renewed contracts shall include the following: a provision that the department may conduct periodic contract compliance reviews, minimum acceptable standards of performance, a provision that if a vendor is not in compliance, the department may withhold the vendor’s compensation, a provision that requires a vendor not in compliance to implement a corrective action plan, and an indemnification provision for the state’s costs of litigation.



SUBCHAPTER B. MISCELLANEOUS CONTRACTS FOR CORRECTIONAL FACILITIES AND SERVICES § 495.021. Lease-Purchase, Installment Contracts



§ 495.022. Contracts with Federal Government



The board may contract with the commissioners court of a county to use lease-purchase, purchase on installment, or any other manner to acquire a correctional facility. Contracts under this section are subject to review by the Bond Review Board. The board may contract with the federal government to lease any military base or federal facility not being used by the federal government, so that the division can house minimum security inmates. A contract under this section can only be made if funds are appropriated specifically for this sections purpose. The facility lease must comply

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§ 495.023. Contracts for Diagnostic and Evaluation Services



§ 495.024. Release of Out-Of-State Inmates



with federal constitutional standards. Contracts, for not longer than 2 years, may be awarded to a private vendor or community supervision and corrections department to screen and diagnose persons who may be transferred to the division. A contract shall be awarded if it is determined that the person proposing to enter the contract can provide psychiatric, psychological, or social evaluations. Also, the services provided will reduce the chances of misdiagnosis of the mentally ill, the quality of the services equals or exceeds those already provided by the division, and the state will assume no additional liability by entering into the contract. Any county, city, or private vendor, who operates a correctional facility and enters into a contract to house in this state inmates convicted of offenses under the laws of another state, must require each inmate to be released from custody in the sending state. This chapter gives the Texas Board of Criminal Justice authority to purchase, acquire, sell, lease, and, transfer real property to protect life and property of this state. The board may also accept a grant, gift, or domain of property for the department. The Texas Department of Criminal Justice shall comply with any competitive review procedures and test the goods and services it purchases. The Department may enter into contract with public or private entities to do testing for hazardous material. Competitive bidding procedures do not apply to contracts awarded for testing solid waste or other substances to determine if they are hazardous or for the transport, storage, treatment or disposal of hazardous waste. The Board of Criminal Justice may purchase insurance to protect the department from damage, loss, theft, or destruction of department aircraft and must be approved by the State Board of Insurance. The Texas Department of Criminal Justice shall establish, for each facility, an automated inventory and maintenance system that works

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CHAPTER 496. LAND AND PROPERTY SUBCHAPTER (A) LAND § 496.001. Acquisition of Real Property



(B) PURCHASING PROCEDURES; PROPERTY INSURANCE



LAND AND PROPERTY (C) MANAGEMENT OF PROPERTY



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with the central computer system of the department. It must keep record of parts and supplies, monitor preventative maintenance, warranty schedules, estimate time standards for maintenance jobs, and organize work order control process. CHAPTER 497. INDUSTRY AND AGRICULTURE; LABOR OF INMATES SUBCHAPTER A. TEXAS CORRECTIONAL INDUSTRIES § 497.001. Texas Correctional Industries; Definitions



§ 497.002. Purpose; Implementation



§ 497.003. Advisory Committee



§ 497.004. Labor, Pay



§ 497.005. Industrial Receipts



In this subchapter and Subchapter B: "Office" means Texas Correctional Industries. "Articles and products" includes services provided through the use of work program participant labor. "Work program participant" means a person who: is an inmate confined in a facility operated by or under contract with the department or a defendant or releasee housed in a facility operated by or under contract with the department; and works at a job assigned by the office. The purposes of the office are to implement this subchapter and Subchapter B to: provide work program participants with marketable job skills to help reduce recidivism. The board may establish a prison industries advisory committee. If the board establishes a prison industries advisory committee, the advisory committee must be composed of nine members appointed by the board. In appointing members under this subsection, the board shall appoint persons who represent business and industry. The board may develop by rule and the department may administer an incentive pay scale for work program participants consistent with rules adopted by the Private Sector Prison Industries Oversight Authority under Subchapter C. Prison industries may be financed through contributions donated for this purpose by private businesses contracting with the department. The office may use money appropriated to the office in amounts corresponding to receipts from the sale of articles and products under this

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SUBCHAPTER A. TEXAS CORRECTIONAL INDUSTRIESTRIES



§ 497.007. Grants



§ 497.008. Lease of Land



§ 497.009. Certification for Franchise Tax Credit



§ 497.010. Offense: Sale or Offer of Sale of Prison-Produced Articles or Products



§ 497.011. Certain Contracts Prohibited



subchapter and Subchapter B to purchase real property, erect buildings, improve facilities, buy equipment and tools, install or replace equipment, buy industrial raw materials and supplies, and pay for other necessary expenses for the administration of this subchapter and Subchapter B. To encourage the development and expansion of prison industries, the prison industries office may enter into necessary contracts related to the prison industries program. With the approval of the board, the office may enter into a contract with a private business to conduct a program on or off property operated by the department. The office may accept any grant designated for work program participant vocational rehabilitation. The office shall maintain records relating to the receipt and disbursement of grant funds and shall annually report to the board on the administration of grant funds. To further the expansion and development of prison industries, the department may lease prison land to a private business. A lease under this section may not exceed a term of 50 years. The business must lease the land at a mutually agreed upon price and may construct or convert plant facilities on the land. The department or the office on behalf of the department shall prepare and issue a certification that a corporation requires to establish eligibility for the franchise tax credit for wages paid to work program participants or employees who were work program participants under Subchapter L, Chapter 171, Tax Code. A person commits an offense if the person intentionally sells or offers to sell on the open market in this state an article or product the person knows was manufactured in whole or in part by an inmate of the department or an inmate in any correctional facility or reformatory institution in this state or in any other state, other than an inmate. The department may not enter into a contract with a private business or public entity that requires or permits an inmate confined in a correctional

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§ 497.012. Repair and Resale of Surplus Data Processing Equipment



facility operated by or for the department to have access to personal information about persons who are not confined in facilities operated by or for the department. The department may receive surplus or salvage data processing equipment. If the department determines that it is economically feasible, the department shall repair or refurbish the surplus or salvage data processing equipment. The department shall sell the repaired or refurbished data processing equipment to a school district, a state agency, or a political subdivision of the state in that relative order of preference.



SUBCHAPTER B. SALES OF PRISON-MADE ARTICLES OR PRODUCTS § 497.021. Authority § 497.0211. Exception: Institutions of Higher Education § 497.022. Contracts



§ 497.023. Priorities



§ 497.024. Agencies and Political Subdivisions: Duties to Purchase § 497.025. Purchasing Procedure



This subchapter governs the sale of prison-made products to governmental agencies. This subchapter does not apply to an institution of higher education, as defined by Section 61.003, Education Code. The department may contract with: another state, the federal government, a foreign government, or an agency of any of those governments to manufacture for or sell to those governments’ prison-made articles or products; a private school or a visually handicapped person in this state to manufacture Braille textbooks or other instructional aids for the education of visually handicapped persons. Under this subchapter and Subchapter A, the office shall produce products and articles first to fulfill the needs of agencies of the state and second to fulfill the needs of political subdivisions or other purchasers. If the office produces an article or product under this subchapter, an agency of the state or a political subdivision may purchase the article or product only from the office. An agency of the state that purchases articles and products under this subchapter must requisition the purchase through the General Services Commission except for purchases of articles or products not included in an established contract. The purchase of articles or products not included

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§ 497.026. Prices § 497.027. Specifications



§ 497.028. Catalogs



§ 497.029. New Articles and Products § 497.030. General Services Commission Reports



§ 497.031. Sale of State Flags to State Agency



in an established contract and that do not exceed the dollar limits established under Section 2155.132 may be acquired directly from the office on the agency's obtaining an informal or a formal quotation for the item and issuing a proper purchase order to the office. The General Services Commission and the department shall enter into an agreement to expedite the process by which agencies are required to requisition purchases through the commission. The office and the General Services Commission shall determine the sales price of articles and products produced under this subchapter. The General Services Commission shall establish specifications for articles and products produced under this subchapter. An article or product produced under this subchapter must meet specifications established under this subsection in effect when the article or product is produced. The office shall prepare catalogs that accurately and completely describe articles and products produced under this subchapter. The office shall send copies of the catalogs to all state agencies and make the catalogs available to political subdivisions. The General Services Commission may request the office to produce additional articles or products under this subchapter. Not later than the 31st day before the first day of each fiscal year, the General Services Commission shall submit to the office a report that summarizes the types and amounts of articles and products sold under this subchapter in the preceding nine months. The department shall sell state flags to the Commission on Law Enforcement Officer Standards and Education at a price that does not exceed the department's cost in producing or obtaining the state flags.



SUBCHAPTER C. PRIVATE SECTOR PRISON INDUSTRIES OVERSIGHT AUTHORITY § 497.052. Membership § 497.0521. Conflicts of Interest

Sunset Advisory Commission



The authority is composed of eight members appointed by the governor. Texas trade association means a cooperative and

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§ 497.0522. Removal Provisions



§ 497.0523. Information: Requirements for Office or Employment



voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest. A person may not be a member of the authority and may not be an authority employee employed in a bona fide executive, administrative, or professional capacity. (a) It is a ground for removal from the authority that a member: (1) does not have at the time of taking office the qualifications required by Section 497.052(a); (2) does not maintain during service on the authority the qualifications required by Section 497.052(a); (3) is ineligible for membership under Section 497.052(d) or 497.0521(b) or (c); (4) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or (5) is absent from more than half of the regularly scheduled authority meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the authority. The executive director or the executive director's designee shall provide to members of the authority and to agency employees, as often as necessary, information regarding the requirements for office or employment under this subchapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees. person who is appointed to and qualifies for office as a member of the authority may not vote, deliberate, or be counted as a member in attendance at a meeting of the authority until the person completes a training program that complies with this section. The authority shall develop and implement

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§ 497.0524. Training Program



§ 497.0525. Policymaking and

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Management Responsibilities



§ 497.0526. Public Access



§ 497.0527. Complaints § 497.053. Terms



§ 497.054. Presiding Officer



§ 497.055. Reimbursement



§ 497.056. Private Sector Prison Industries Expansion Account § 497.057. Rules



§ 497.058. PIECP Wage



§ 497.0581. Participant Contributions; Assistance Account



policies that clearly separate the policymaking responsibilities of the authority and the management responsibilities of the staff of the authority. The authority shall develop and implement policies that provide the public with a reasonable opportunity to appear before the authority and to speak on any issue under the jurisdiction of the authority. The authority shall maintain a file on each written complaint filed with the authority. Appointed members of the authority serve staggered six-year terms, with two or three members' terms expiring on February 1 of each odd-numbered year. The governor shall designate the presiding officer from among the members of the authority, and the presiding officer shall serve in that capacity at the pleasure of the governor. A member of the authority is not entitled to compensation but is entitled to reimbursement of the travel expenses incurred by the member while conducting the business of the authority as provided in the General Appropriations Act. The department shall forward money collected under Section 497.0581 to the comptroller. The comptroller shall deposit the money in the general revenue fund. The authority shall adopt rules as necessary to ensure that the private sector prison industries program authorized by this subchapter is in compliance with the federal prison enhancement certification program established under 18 U.S.C. 1761. The authority by rule shall require that participants at each private sector prison industries program be paid not less than the prison industry enhancement certification program (PIECP) wage. The authority by rule shall determine the amount of deductions to be taken from wages received by the participant under this subchapter. The authority may establish deductions for participants under the supervision of the Texas Youth Commission that are different than

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§ 497.059. Limiting Impact on NonPrison Industry



§ 497.060. Workers' Compensation



§ 497.061. Recidivism Studies



§ 497.062. Limitation on Number of Participants; Goals



deductions established for other participants in the program. In determining the amount of deductions under this section, the authority shall ensure that the deductions do not place the private sector prison industries programs in the department in noncompliance with the federal prison enhancement certification program. The authority may not grant initial certification to a private sector prison industries program if the authority determines that the operation of the program would result in the loss of existing jobs provided by the employer in this state. The authority by rule shall require private sector prison industries program employers to meet or exceed all federal requirements for providing compensation to participants injured while working. The authority, with the cooperation of the Criminal Justice Policy Council, shall gather data to determine whether participation in a private sector prison industries program is a factor that reduces recidivism among participants. The authority may certify any number of private sector prison industries programs that meet or exceed the requirements of federal law and the rules of the authority, but in no event may the authority permit more than 5,000 participants in the program at any one time. Only TDCJ may appoint an inmate to serve as a trusty. Qualifications of a trustee: 1) have a good record, 2) no disciplinary record serving three or more years, and has served more than half his sentence, 3) not attempted an escape in which a deadly weapon was used or wounded a person in trying to escape. Inmates may only be used as trusties when appointed as a trusty. In the case of an extreme emergency, as determined by a farm manager, a vacancy may be filled in a position formerly held by a trusty by appointing an inmate to that position for no more than 10 days. A trusty may not be permitted to leave the location where the institutional division has assigned the trusty unless the trusty is on division

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SUBCHAPTER D. TRUSTIES § 497.081. Appointment



§ 497.082. Use of Regular Inmates as Trusties Prohibited



§ 497.083. Restrictions on Trusties



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§ 497.084. Honor Farms § 497.085. Failure to Enforce; Removal



business. This subchapter does not apply to an institutional division farm established by the board as an honor farm. A member of the board or employee of the institutional division who is required to enforce this subchapter and fails or refuses to do so is subject to removal from the board or from employment.



SUBCHAPTER E. GENERAL PROVISIONS RELATED TO INMATE LABOR § 497.091. Contracts for Inmate Labor



SUBCHAPTER E. GENERAL PROVISIONS RELATED TO INMATE LABOR § 497.092. Highway Improvement § 497.093. Inmate Labor at Sam Houston State University



§ 497.094. Job Training Programs



§ 497.095. Inmate's Work Record



§ 497.096. Liability Protections



TDCJ shall seek contracts with agencies and local governments to provide inmate labor to those agencies and governments, with the department giving priority to seeking contracts for the use of inmate labor for service projects that benefit the public. The board and the Texas Transportation Commission may enter into and perform an agreement or contract for the use of inmate labor for a state highway improvement project. The institutional division may provide trusties to work at Sam Houston State University. The institutional division shall maintain control over the trusties at all times. Time spent by a trusty working at the university is considered time spent by the inmate in custody. The department shall implement a job training program for each job performed by an inmate confined in a facility operated by or under contract with the department or a defendant or releasee housed in a facility operated by or under contract with the department and monitor the success of those programs. The department shall also establish a permanent record for each inmate, defendant, or releasee. The department shall establish a permanent record for each inmate confined, and for each defendant or releasee housed, in a facility operated by or under contract with the department who participates in a department work program. An employee of the Texas Department of Criminal Justice is not liable for damages arising from an act or failure to act in connection with

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§ 497.097. Use of State Jail Felons



§ 497.099. Participation in Work Program Required



community service performed by an inmate imprisoned in a facility operated by the department or in connection with an inmate or offender programmatic or non-programmatic activity, including work, community service, educational, and treatment activities, if the act or failure to act was not intentional, will-fully or wantonly negligent, or performed with conscious indifference or reckless disregard for the safety of others. The department may use the labor of defendants confined in a state jail felony facility in any work or community service program or project performed by the institutional division. TDCJ shall require each inmate and each defendant or releasee housed in a facility operated by or under contract with the department to work in an agricultural, industrial, or other work program to the extent that the inmate, defendant, or releasee is physically and mentally capable of working. The department may waive the work requirement for an inmate, defendant, or releasee as necessary to maintain security or to permit the inmate, defendant, or releasee to participate in rehabilitative programming. The advisory committee consists of five members. One member must be a member of the board, and if possible that member should have knowledge of agriculture. One member must be a member of the faculty at Texas A&M University with expertise in agriculture. The other members must be citizens of the state with knowledge of agriculture. The board shall appoint the board member, the faculty member from Texas A&M University, and two of the citizen members. The commissioner of agriculture shall appoint the remaining citizen member. The institutional division shall review annually the agricultural operations of the division to ensure a cost-effectiveness analysis of all agricultural programs. The board may authorize the sale or disposal of surplus agricultural products and personal property owned by the department, other than

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SUBCHAPTER F. AGRICULTURE § 497.111. Advisory Committee on Agriculture



§ 497.112. Agricultural Efficiency and Economy § 497.113. Surplus Agricultural Property and Products



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products or property produced for sale by the department. CHAPTER 498. INMATE CLASSIFICATION AND GOOD TIME §498.001. Definitions



§498.002. Classification and Reclassification §498.003. Accrual of Good Conduct Time



§498.004. Forfeiture and Restoration of Good Conduct Time



§498.005. Annual Review of Classification; Retroactive Award of Good Time §498.0042. Forfeiture for Contacting Victims



Defines inmate to be a person imprisoned by court order. Defines term to mean the term of confinement stated in the convicting court’s sentence if serving a single sentence, the term of confinement found in §508.150 if serving two or more consecutive sentences, or the term of confinement stated in the convicting court if serving two or more consecutive sentences. Each inmate shall be classified according to conduct, obedience, and industry as soon as possible after the inmate’s arrival. The inmate may be reclassified as the circumstances warrant. Good conduct time is a privilege that applies only to eligibility for parole or mandatory supervision. Diligent participation good conduct time may be rewarded if the offender is actively involved in an agricultural, vocational, or education endeavor, in an industrial program, or other work program, unless unable to participate. Trusty inmates receive 20 days for each 30 days served, with up to an extra 10 days. Class I inmates receive 20 days for each 30 days served and Class II inmates receive 10 days for each 30 days served. If an inmate commits an offense or violates the rules of the division during a term of imprisonment, then the department may forfeit all or any accrued good conduct time, which cannot be restored. On revocation of an inmate’s parole or mandatory supervision, accrued good conduct time is also forfeited and cannot be restored. The Board shall review annually the manner the institutional division classifies and reclassifies inmates, as well as the manner in which good conduct time is awarded retroactively. Inmates are prohibited from directly or indirectly contacting the victim of their offense for which the inmate is serving a sentence, if the victim was younger than 17 at the time of the offense, and the department has not received written consent before

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§498.0045. Forfeiture of Good Conduct Time: Frivolous Lawsuits



§498.005. Annual Review of Classification; Retroactive Award of Good Time CHAPTER 499. POPULATION MANAGEMENT; SPECIAL PROGRAMS SUBCHAPTER A. PRE-PAROLE TRANSFER § 499.001. Definitions



the inmate makes contact. Any violation of the above prohibition will cause all or any of the inmate’s good conduct time to be forfeited. On the receipt of a final order that dismisses a lawsuit filed by an inmate as frivolous or malicious, that inmate shall have 60 days forfeited if the department has received one previous final order, 120 days if the department has received two previous final orders, and 180 days if the department has received three or more previous final orders. The Board must annually review the Correctional Institutions Division classification and good time policies.



§ 499.002. Transfer to Community Residential Facility



Defines community residential facility as a facility under contract with the department. Defines eligible inmate as an inmate in actual physical custody of the pardons and paroles division for whom a presumptive parole date has been established. A pre-parolee is defined as an inmate in the custody of the pardons and paroles division. A presumptive parole date is defined as a date an inmate’s parole release is to become effective. An inmate becomes a pre-parolee on the date the Parole Division assumes custody. The division may not assume custody until one year before the inmate’s presumptive parole date. The division shall designate a community residential facility as the pre-parolee’s assigned unit of confinement. An inmate is eligible for transfer if the inmate is confined in the institutional division or county jail after a revocation of community supervision, except when due to the commission of a subsequent felony. Person is eligible for transfer from a jail or correctional institution to a community residential facility if sentenced to confinement in the institutional division, the person has not been

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§ 499.0021. Transfer of Revoked Defendants



§ 499.003. Transfer From Jail or Other Correctional Facility



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§ 499.004. Rules; Supervision of PreParolees



§ 499.005. Transfer to Parole Status



§ 499.007. Legislative Intent § 499.021. Definitions



§ 499.022. Purpose



§ 499.023. Inapplicability § 499.024. Calculation of Available Space SUBCHAPTER B. POPULATION MANAGEMENT § 499.025. Award of Administrative Good Conduct Time; Advancement of Parole Eligibility Date

Sunset Advisory Commission



delivered to custody of the division, and a presumptive parole date has been established. The transfer cannot occur earlier than one year before the presumptive parole date. On transfer, pre-parolees are subject to supervision by the Parole Division. Any violations shall be reported to the pardons and paroles division in writing immediately by the facility director. The division may require a hearing to be conducted. If a transferred pre-parolee satisfactorily serves a term in a community residential facility until the presumptive parole date, then the pre-parole may be transferred to the parole status. That person may be issued a certificate of release to conditional freedom. The legislature did not intend this chapter to create an expectation of release on the part of any individual. Capacity is defined as the greatest density of inmates in relation to space for housing in the division that is in compliance with prison standards. Objective parole criteria are variables shown to be reliable indicators of the probability of favorable outcome on release. The purpose of the subchapter is to allow the institutional division to house inmates and determine the amount of available housing, as well as allow the executive branch alternatives to balance the population if the division reaches 95 percent capacity or there is a backlog of felons in county jails. This subchapter does not create a right for an inmate to serve a sentence in a department below 95 percent, or to be released if the division reaches 95 percent, or is a population below 95 percent of capacity required. This subchapter does not apply to emergency overcrowding as a direct result of destruction of a division facility. The computation of space available for inmate housing does not include temporary housing. If the inmate population reaches 99 percent or more, the director shall notify the executive director and the board in writing. Until the population

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§ 499.026. Release Procedure



§ 499.027. Eligible Inmates



§ 499.028. Facilities Expansion and Improvement Report



decreases below 99 percent, the director shall make a weekly written report of the population. If the population reaches 100 percent, then the board shall immediately certify that an emergency overcrowding situation exists. If an emergency overcrowding situation exists, then the Board of Pardons and Paroles shall immediately review and consider inmates for release. No inmate, who would increase the likelihood of harm to the public, will be released. The inmate, to the extent practicable, will be placed in a residential treatment center, or otherwise under intensive supervision parole. The release actions shall continue until the board receives certification from the Attorney General or the Commission on Jail Standards that the emergency overcrowding no longer exists. Notice shall be given to the sheriff, attorney for the state, and district judge in the county of conviction no later than 10 days before release. An inmate is eligible for release if the inmate is awaiting transfer to the institutional division following conviction of a felony or probation revocation and for whom processing has been completed or is classified as Trusty I, II, III, or IV, and is serving a 10 year sentence with no history of violent behavior and will not increase the likelihood of harm to the public. This section also includes a long list of those inmates not eligible for release under this subchapter. A facilities expansion and improvement report shall be submitted to the governor and Legislative Budget Board at least every 60 days, including addition/removal of any beds and projected completion dates. When an inmate who is a member of a security threat group is released, notice must be given to the sheriff of the county and the police chief if a municipality. The notice must include the date released and the fact that the inmate was determined to be part of a security threat group. A state boot camp program shall be established. These persons may not be required to undergo

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SUBCHAPTER C. MISCELLANEOUS PROGRAMS § 499.051. Notification of Release of Gang Member



§ 499.052. State Boot Camp Program



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§ 499.053. Transfers From Texas Youth Commission



diagnostic processes. These persons shall be required to participate in strenuous labor. If the person does not comply with the program rules or is unsuitable for the program, the division shall end the person’s participation and request the sentencing court to reassume custody. If custody is not reassumed, then the person can be transferred to any unit for the rest of the sentence. The institutional division shall accept persons transferred from the Texas Youth Commission, and those persons are entitled to time credits on the sentence. All laws relating to good conduct time and parole eligibility apply. An admissions policy shall be adopted such that allows inmates to be accepted within 45 days of achieving paper ready status. Lists the maximum capacities of all of the institutional division units. The institutional division staff may recommend that the maximum capacity be increased if the staff, through written findings, determines that the division can provide: proper housing, housing flexibility, adequate space in dayrooms, reasonable time for meals, hygiene facilities, laundry, sufficient staff, medical, dental and psychiatric care, a fair disciplinary system, work, academic and vocational programs, recreational activities, adequate assistance in the law library, adequate maintenance, and space. The director shall provide notice to all inmates of an increase in capacity. The inmates shall also be able to comment on recommendations. Those comments are to be provided to the entity or person that makes a determination. All of the directors shall independently review staff recommendations for an increase in capacity. Within 30 days, if the executive director agrees increasing maximum capacity is supported by the findings, the executive director shall forward the recommendation and findings to the board. The board has 60 days from the receipt of the

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SUBCHAPTER D. ALLOCATION FORMULAS § 499.071. Scheduled Admissions Policy SUBCHAPTER E. UNIT AND SYSTEM CAPACITY § 499.101. Existing Units § 499.102. Staff Determinations and Recommendations



§ 499.103. Notice to Inmates



§ 499.104. Officer’s Review and Recommendation



§ 499.105. Board Review and

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Recommendation § 499.106. Governor’s Review and Recommendation



§ 499.107. Attorney General Review; Board Decision



§ 499.108. Capacity for New Units



§ 499.109. System Capacity



§ 499.110. Administrative Procedure Act SUBCHAPTER F. PROCEDURES FOR REDUCING COUNTY JAIL BACKLOG § 499.121. Legislative Declaration; Mandamus



recommendations to review and either reject, accept or modify the recommendation and then forward the recommendation to the governor. The governor shall review and determine if the population pressures make an increase necessary or if there are other measures that can be taken. The governor shall reject or accept the recommendation and forward it to the attorney general within 30 days of receipt. The attorney general reviews the recommendation and findings, and during this process may request more information from the institutional division or make on-site inspections. The attorney general has 30 days to approve or disapprove the recommendation. If approval is given, the attorney general shall notify the board, who can then increase capacity of the unit. Any unit not approved for construction before January 1, 1991 must have the maximum capacity established, in the same manner as is used for increasing the capacity under 499.102-107, except no time limits apply. This section does not apply to a 2,250 bed or a 1,012 bed unit. The institutional division inmate population may not exceed 100 percent of the combine capacities of all units in the division. The attorney general may authorize the division to increase above 100 percent only if an increase does not limit the ability to transfer inmates between units for various reasons, and the administration, the board and the governor approve the increase. The Administrative Procedure Act applies to this section.



Until September 1, 1995, the institutional division shall continue to perform its duty only as provided under the scheduled admissions policy. Until September 1, 1995, a county shall continue to perform its duty to confine and maintain suitable conditions. On and after September 1, 1995, the institutional division has a duty to accept within 45 days that court paperwork has been completed. Mandamus may be used to enforce this

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§ 499.122. Inmate Count



§ 499.123. Payment



§ 499.124. Emergency Overcrowding Relief



§ 499.125. Transfer of Felony Backlog



§ 499.126. Definition



subchapter’s duties. The Commission on Jail Standards shall analyze each month the population of each jail in the state to determine the number of inmates awaiting transfer to the institutional division. No later than the 32nd day after the effective date of this subchapter, the commission on jail standards shall determine for each jail for a qualifying county the number of inmates awaiting transfer. A qualifying county is entitled to payment from the commission for confining inmates ready for transfer at an amount per inmate determined by $11.5 million divided by the number of inmates. From the effective date until August 31, 1993, for each month in which the number of inmates are confined in a jail that is a jail for a qualifying county awaiting transfer and for whom all processing has been completed, for transfer has been determined to be greater than 50 percent of the number of such inmates confined on April 1, 1991, the commission shall pay each inmate in excess of 50 percent but less than or equal to 210 percent of the April 1, 1991, number for each day of confinement $20, and for each inmate in excess of 210 percent the sum of $30 for each day of confinement. If a state of federal court determines that the conditions of a county jail are unconstitutional, and on or after October 1, 1991, the percentage of inmates awaiting transfer is greater than or equal to 20 percent, then the commission shall transfer the inmates to an appropriate jail. The commission is liable to counties for paying for the cost of transportation and maintenance of the inmates. Defines a qualifying county as a county that 1) on or after the effective date of this subchapter is not a party to a suit against the state, in which the subject is the reimbursement of the county for the confinement of inmates in county jail awaiting transfer to the institutional division; and 2) if before the effective date of this subchapter, the county was a party to a suit, has before the 31st day after the effective date of this subchapter had the suit vacated or dismissed, had the suit abated, or had the suit settled by written agreement.

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SUBCHAPTER G. TRANSFER FACILITIES § 499.151. Authority to Operate or Contract for Transfer Facilities



§ 499.152. Eligible Inmates



§ 499.153. Admissions Policy



§ 499.154. Custody Status; Good Conduct Time § 499.155. Duration of Confinement



The institutional division may operate, maintain, and manage transfer facilities to confine inmates, and the board may finance and construct those facilities. An inmate may be confined in a transfer facility only if the paperwork and processing required is completed and only during a period in which the inmate would otherwise be confined in a county jail awaiting transfer to the division. The board shall develop, adopt, and enforce an admissions policy to accept eligible inmates from county jails to transfer facilities, as well as a transfer policy. An inmate confined in a transfer facility earns good conduct time in the same manner as if the inmate was confined in the institutional division. An inmate, except as stated in (b), may not be confined in a transfer facility for a period that exceeds the maximum period a state jail felon can be confined. If an eligible inmate is released from or transferred from the transfer facility, and is convicted of a subsequent offense, is returned from the convicting county, or is the subject of a revocation of parole, the division shall not calculate the previous period of confinement in determining the maximum period of confinement in a transfer facility. Inmates may not act in a supervisory or administrative nature over other inmates and may not administer disciplinary action over other inmates. Inmates are liable for any intentional damage to state property. Multiple inmates are jointly and severally liable. The offender is provided a hearing before the state can be awarded damages. The inmate can appeal a final decision by filing a petition for judicial review in the district court where the damage occurred. If this is not filed within 30 days after exhausting all administrative remedies, then the district court cannot review the final decision.

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CHAPTER 500. MISCELLANEOUS DISCIPLINARY MATTERS § 500.001. Supervisory or Disciplinary Authority of Inmates § 500.002. Destruction of Property



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§ 500.003. Gambling Prohibited



§ 500.004. Participation in Treatment Program § 500.005. Rewards on Escape § 500.006. Transportation of Inmates § 500.007. Testing for Controlled Substances



Gambling is not allowed any place where inmates are housed or worked. Any employee who engages in gambling or knowingly permits gambling at any place where inmates are housed or worked are subject to immediate dismissal. Inmates required by law or policy to participate in a treatment program shall participate in the program. The director may offer an award for apprehension of an escaped inmate. The amount and manner of payment may be determined by the director. The department shall establish policies to provide safe transfer of inmates. If just as economical, a sheriff may transport inmates. The department shall implement a program to randomly test the breath, blood, or other bodily substances of inmates housed in the facilities for the presence of controlled substances. Not less than 5 percent of the inmates shall be tested annually. The department shall use the most costeffective means possible. If the test shows the presence of a controlled substance, the department may in return for the inmate’s cooperation in identifying the deliverer, defer or dismiss punitive actions.



CHAPTER 501. INMATE WELFARE SUBCHAPTER A. GENERAL WELFARE PROVISIONS § 501.001. Discrimination Against Inmates Prohibited § 501.002. Assault by Employee on Inmate



§ 501.003. Food § 501.004. Clothing



§ 501.005. Literacy Programs

Sunset Advisory Commission



Inmates may not be discriminated on the basis of sex, race, color, creed or national origin. If an employee assaults an inmate, the executor director shall file a complaint in the county in which the offense occurred. If the employee is charged with assault, then the inmate may testify in prosecution of the offense. Inmates shall be fed good and wholesome food that is prepared under sanitary conditions and provided in sufficient quantity and with reasonable variety. Inmates shall be provided suitable clothing of a suitable material, uniform make, and reasonable fit, along with substantial and comfortable footwear. Clothing not provided by the department may only be worn by inmates as a reward for good conduct. A program shall be established to teach reading to

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§ 501.006. Emergency Absence



§ 501.007. Inmate Claims for Lost or Damaged Property



§ 501.008. Inmate Grievance System



§ 501.0081. Dispute Resolution: TimeServed Credits § 501.009. Volunteer Organizations



§ 501.010. Visitors



§ 501.012. Family Liaison Officer



functionally illiterate inmates housed in division facilities. Illiterate inmates shall be required to receive not less than 5 and not more than 8 hours per week of reading instruction. The institutional division may grant an emergency absence under escort so the inmate may obtain medical treatment, obtain treatment at a Texas Department of Mental Health and Mental Retardation facility, or attend a funeral or visit a critically ill relative. The department may pay claims made by inmates for property damaged or lost by the division from miscellaneous funds. Records of all transactions shall be kept and sent to a state auditor at least annually. The department cannot pay more than a $500 claim. The department shall develop and maintain a system for the resolution of grievances by inmates. The system must provide procedures for an inmate to identify evidence to substantiate their claim and receive a formal written response to the grievance. An inmate may not file a claim in state court for which the grievance provides an exclusive remedy until the inmate receives a written decision from the highest authority, or a written decision is not received by the 180th day after the grievance is filed. A system shall be developed that allows resolution of a complaint by an inmate who alleges that time has been credited in error. Volunteer organizations shall be encouraged to provide the following programs to inmates: literacy and education, life skills, job skills, parents training, drug and alcohol rehabilitation, support groups, and arts and crafts. The governor, members of the legislature, and officials of the executive and judicial branches may enter any part of a facility during business hours to observe operations. The facility shall have a visitation policy that allows inmates to receive visitors. One family liaison officer shall be designated for each facility to facilitate maintenance of ties between inmates and their families. Each officer shall provide the families with information about

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§ 501.013. Materials Used for Arts and Crafts



§ 501.014. Inmate Money



§ 501.015. Providing Discharged or Released Inmate With Clothing and Money; Burial Expenses



§ 501.016. Discharge or Release Papers; Release Date



§ 501.017. Cost of Confinement as Claim



the inmate’s status, provide the inmate with emergencies involving their families, and assist relatives during visits with the inmates. The division may purchase materials to be used by inmates for arts and crafts. Those inmates may sell those arts and crafts to the general public. If materials were purchased by the division, proceeds first go to pay for the cost of the materials, and the remainder goes to the inmate. The department shall take possession of all money an inmate has on the inmate’s person when they arrive at the facility, and the money is put into an account created for the inmate. If an inmate dies, notice is given to any known beneficiaries, and if the money is unclaimed after 2 years, the money is sent to the comptroller. If an inmate escapes or attempts to escape, the inmate forfeits all money in their account. Money to pay any court order is credited from the inmate’s account. When an inmate is discharged or released on parole, mandatory supervision, or conditional pardon, the division shall provide suitable clothes, money held in the inmate’s trust account, and $100 cash. If discharged, the inmate gets $100 along with transportation to the location of the inmate’s residence. If released on parole, mandatory supervision or conditional pardon, the inmate shall receive $50 on release and $50 on initially reporting to the parole officer. The department cannot spend more than $200 for any expenses related to burial. The department shall prepare discharge papers that must contain the inmate’s name, the offense or offenses committed, the date the defendant was sentenced, the name of the county where sentenced, the amount of calendar time served, a statement of trade learned, and a physical description of the inmate. If an inmate’s release date is a Saturday, Sunday, or holiday, then the inmate may be released on the previous workday. A claim or lien against the estate of an inmate who dies while confined for the cost of confinement may be established. Such a claim cannot be enforced or established if the inmate has a surviving spouse or surviving dependant.

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§ 501.019. Cost of Confinement as Claim; Setoff



§ 501.021. Use of Inmates in Training Prohibited SUBCHAPTER B. GENERAL MEDICAL AND MENTAL HEALTH CARE PROVISIONS § 501.051. Medical Facilities at University of Texas Medical Branch



The state may deduct the cost of incarceration from any monetary obligation owed. The annual cost of incarceration per day shall be computed using the average cost per day of imprisonment calculated by the Criminal Justice Policy Council. Inmates cannot be used in a program that trains dogs to attack humans without the inmate’s permission.



§ 501.052. Medical Residencies § 501.053. Reports of Physician Misconduct



§ 501.054. AIDS and HIV Education; Testing



§ 501.055. Report of Inmate Death



A medical facility shall be constructed and used at the University of Texas Medical Branch at Galveston for the treatment of department patients. The department will provide security at the facility, and the level of care for patients will be no different than the care provided at other facilities. An overnight holding facility for inmate outpatients shall be established. A joint peer review committee shall be established to ensure the facility is being run safely and under proper medical standards. A residency program may be established to employ or train physicians to treat inmates. Any allegations that a doctor employed or under contract with the department has committed a ground for denial or revocation of the doctor’s license under Occupations Code 164.051 that the department receives shall be reported to the Texas State Board of Medical Examiners. Educational programs dealing with AIDS and HIV shall be established to educate inmates and employees. Each employee shall be required to participate in such program at least once each year. The department must also establish a policy for handling inmates who are infected with AIDS or HIV. Any inmate found to test positive for HIV may be kept separate from other inmates, and those test results shall remain confidential after an inmates discharge. Unless an inmate dies of natural causes or is executed, after an inmate death, an employee must immediately notify the justice of the peace serving in the county in which the inmate died. The justice shall inspect the body, inquire as to cause of death, and give a written copy of the evidence to the

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§ 501.056. Contract for Care of Mentally Ill and Mentally Retarded Inmates



§ 501.057. Civil Commitment Before Parole § 501.058. Compensation of Psychiatrists



§ 501.060. Tuberculosis Screening



§ 501.061. Orchiectomy for Certain Sex Offenders



§ 501.062. Study of Rate of Recidivism Among Sex Offenders



district judge, who will then pass the information along to the grand jury. For any inmates that die of natural causes, the next of kin will be immediately notified and told that an autopsy will be performed on the inmate unless the next of kin objects within 8 hours of the stated time of death. The department shall contract with the Texas Department of Mental Health and Mental Retardation to provide detailed characteristics of the mentally ill/ retarded inmate population and to care and supervise the affected inmates. Security responsibilities shall remain with the department. A system to identify mentally ill inmates shall be established when they near release or parole. Mental health shall be pursued if criteria for civil commitment contained in state law is met. The amount of money paid to psychiatrists should be similar to the amount paid to psychiatrists employed by the Texas Department of Mental Health and Mental Retardation. All employees and volunteers of the department shall be required to have tuberculosis screening. Screening will be provided if a person is an employee of the institutional division, the correctional managed care plan of the University of Texas Medical Branch, Texas Tech Health Science Center Correctional Managed Care Plan, or if a person requests. An orchiectomy can be performed on an inmate only if the inmate has two convictions for aggravated sexual assault of a child, sexual assault of a child or indecency with a child, one of which must have occurred subsequent to the first. The inmate must be at least 21 years old, requests the procedure in writing and sign a statement admitting guilt for the qualifying offenses. A psychiatrist/psychologist and ethicist appointed by the Board of Medical Examiners evaluates and counsels the inmate, and informed consent is obtained. A long-term study that lasts at least 10 years after the date of an orchiectomy, shall be conducted on inmates who undergo the procedure. A report then must be given to the legislature at each regular session that compares the rate of recidivism of

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§ 501.063. Inmate Co-payments for Certain Health Care Visits



offenders who have been released and have not undergone the procedure, to those who have not. Each inmate that initiates a doctor visit must pay a $3 co-payment. Co-payment cannot be charged if the care is given in response to a life threatening situation, if the care is initiated by the department, if the care is initiated by the health care provider, or the care is provided under contractual obligation. Care cannot be denied to an inmate as a result of the failure or inability to pay a co-payment.



SUBCHAPTER C. CONTINUITY OF CARE PROGRAMS; REENTRY PROGRAM § 501.093. Inmates Suffering From Drug or Alcohol Abuse



§ 501.0931. In-Prison Therapeutic Communities



§ 501.095. Inmates With History of Chronic Unemployment



§ 501.096. Reentry Program for LongJune 2005 93



A memorandum of understanding to establish a continuity of care program for inmates with drug or alcohol abuse shall be established. The memorandum shall establish methods for identifying inmates with drug or alcohol abuse, notifying the pardons and paroles division, identifying services needed by inmates with a history of drug and alcohol abuse, and determining the manner in which information can be shared. The institutional division should provide drug and alcohol counseling programs for dependent inmates. A program shall be established to confine and treat in-prison therapeutic communities’ inmates for their drug and alcohol problems. The program should not exceed 12 months. Inmates participating in the program must be separated from the general population. At least 800 beds shall be provided by the institutional division for housing participants in this program. A memorandum of understanding to establish a continuity of care program for inmates with a history of chronic unemployment shall be established. The memorandum shall establish methods for identifying inmates with a chronic unemployment history, notifying the pardons and paroles division, identifying services needed by inmates with a history of chronic unemployment, and determining the manner in which information can be shared. Texas Workforce Commission shall coordinate development of the memorandum. Inmates that have been serving a 30 or more year

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Term Inmates



§ 501.097. Reintegration Services



sentence, who are within one year of release and who volunteer and are approved, can participate in a program assisting inmates for their release from the division. Participating inmates shall be provided education, employment counseling, and therapy. The Texas Workforce Commission has responsibilities to provide inmates who are released on parole or conditioned release with a network of centers to provide employment, education, and other support services. Inmates may not be housed in tents, cellblock runs, hallways, laundry facilities, converted dayroom space, gymnasiums, or any other facility not built for housing. Temporary housing may be used if there is a fire, natural disaster, and riot or hostage situation. Inmates may be housed in tents unless federal law or court order prohibits this. Inmates of different custody classifications shall not be housed in the same cell block or dormitory, unless there is physical separation or the unit classification committee provides appropriate justification to TBCJ to permit mixing until sufficient beds become available, but in no event for more than 30 days. No more than two inmates may be confined to any cell. Inmates who are confined in death row, and administrative segregation must be single celled, as well as those who are mentally retarded, psychiatrically ill if recommended by their treatment team, or whose medical plan recommend it. Committee is defined as the Correctional Managed Health Care Committee. The Correctional Managed Health Care Committee is subject the Texas Sunset Act. The committee consists of nine members. The membership shall be comprised of 2 full-time employees of the department, one of which is a doctor; two full-time employees of the University of Texas Medical Branch, one of which is a doctor;

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SUBCHAPTER D. INMATE HOUSING § 501.111. Temporary Housing



§ 501.112. Mixing Classifications Prohibited



§ 501.113. Triple-Celling Prohibited; Single-Celling Required for Certain Inmates



SUBCHAPTER E. MANAGED HEALTH CARE § 501.131. Definition § 501.132. Application of Sunset Act § 501.133. Committee Membership



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§ 501.134. Public Member Eligibility



§ 501.135. Membership and Employee Restrictions



§ 501.136. Terms of Office



§ 501.137. Presiding Officer § 501.138. Grounds for Removal



§ 501.139. Meetings



two full-time employees of Texas Tech Health Sciences Center, one of which must be a doctor; and three public members appointed by the governor, which two must be licensed to practice medicine in Texas. A person cannot be a public member if they or their spouse 1) is employed by or manages a business that is regulated by or receives money from the department, 2) owns or controls more than a 10% interest in an entity that is regulated by or receives money from the department, or 3) uses or receives a substantial amount of tangible goods, services or money from the department. A person cannot be a committee member if the person is an officer, employee, or paid consultant of a Texas trade association in the field of health care or health services, or the person’s spouse is an officer, manager, or paid consultant of a Texas trade association in the field of health care or health services. Anyone who is required to register as a lobbyist because of compensation on behalf of a profession related to the committee operation also may not be a committee member. Committee members are appointed by the governor to serve staggered 6 year terms, with one term expiring February 1 of each odd year. Other members serve at the will of the appointing official or until termination of the member’s employment with the entity. The governor shall designate a physician member of the committee as presiding officer. A committee member shall be removed if at the time the member took office they did not meet the statutory qualifications. Removal also can occur if the member does not maintain these qualifications, is ineligible under other provisions of law, cannot discharge member’s duties due to illness or disability for a substantial part of the term, or is absent for more than half of the regularly scheduled committee meetings without an excuse. The committee shall meet at least quarterly. A meeting could be held by telephone or video broadcast technology. A person, appointed as a committee member, may

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§ 501.140. Training

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§ 501.141. Compensation; Reimbursement § 501.142. Administration; Personnel



§ 501.143. Division of Responsibilities § 501.144. Qualifications and Standards of Conduct Information



§ 501.145. Equal Employment Opportunity Policy



§ 501.146. Managed Health Care Plan



not vote, deliberate, or be counted as a member until they complete a training program. This program must provide the person with the legislation that created the committee, programs the committee operates, the committee’s roles and functions, the committee rules, the budget, the most recent audit results of the committee, and any ethics policies adopted by the committee. The program must provide the requirements of the open meetings law, the public information law, the administrative procedure law, and other laws relating to public officials. Committee members serve without compensation, but can be reimbursed for actual and necessary expenses incurred in performance of committee duties. A health care administrator may be hired by the committee. All costs for the committees operation shall be paid by the committee from funds appropriated by the legislature to the department of correctional health. Policies that separate policy-making responsibilities from management responsibilities shall be developed and implemented by the committee. The managed health care administrator shall provide to the committee members, information regarding requirements for office or employment. The information should include laws relating to standard of conduct for state officers and employees. The managed health care administrator shall maintain a written policy statement implementing an equal employment opportunity program. This policy statement must be updated annually, be reviewed by the commission on human rights, and filed with the governor’s office. A managed healthcare plan for all persons confined by the department shall be developed by the committee. This plan should include the establishment of a physician network to serve the department, cost containment studies, care case management, a provision requiring certification by the Medicare program. The committee can enter into a contract on behalf

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§ 501.147. Committee Authority to

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Contract



of the department to implement the managed health care plan. The committee may also contract with other governmental entities for similar health care services and integrate those services. § 501.148. General Powers and Duties of The committee shall develop contracts for health Committee care services, determine a capitation rate reflecting the true cost of correctional health care, monitor general quality of care, act as a third party in the allocation of money to health care providers, as well as for the purpose of dispute resolution, and enforce compliance with contract provisions. The committee also shall evaluate and recommend new sites for health care facilities. § 501.149. Disease Management Services A managed health care plan must provide disease management services, including patient self management education, provider education, minimum standards of care, standardized protocols, and physician-directed or physician-supervised care. § 501.150. Quality of Care Monitoring by Procedures for monitoring the quality of care the Department and Health Care Providers delivered by health care providers shall be established. The monitoring shall be limited to investigating grievances, ensuring access to medical care, and conducting operational reviews of medical care. § 501.151. Complaints A file on each written complaint must be kept by the committee. This file must include the name of the complainant, the subject matter and date of complaint, name of each person contacted in relation, and a summary of the results of investigation of the complaint. Until final disposition of the complaint, the committee should at least quarterly notify the complainant of the status of the complaint. § 501.152. Public Participation The public shall be provided reasonable opportunity to appear before the committee to speak on any issue within the committee’s jurisdiction. CHAPTER 507. STATE JAIL DIVISION The state jail division may operate or contract for SUBCHAPTER A. STATE JAIL the operation of state jail felony facilities (state jail) FELONY FACILITIES for adjudications or convictions of state jail felony offenses. The state jail division with Board approval may designate a state jail or area of a state

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§ 507.001. Authority to Operate or Contract for State Jail Felony Facilities



§ 507.002. Eligible Defendants



§ 507.003. Regions



§ 507.004. Allocation Policies



§ 507.006. Use of Facility for Other Inmates



SUBCHAPTER B. MISCELLANEOUS PROVISIONS



jail for inmates eligible for confinement in a substance abuse felony punishment facility or to house inmates eligible for confinement to a transfer facility. Violent or assaultive inmates or those who may cause harm to the public if housed in a state jail may not be housed in a state jail felony facility. The state jail division may operate, maintain, and manage state jail felony facilities, and the department may finance and construct those facilities. The division may contract with the institutional division, a private vendor, community supervision and corrections department, or the commissioners court of a county for construction, operation, maintenance, or management of a facility. This division may confine a defendant in a state jail felony facility as required by a judge or for conviction of an offense punishable as a state jail felony. The board shall designate at least 9 regions in the state for the purpose of providing regional state jail felony facilities. A region can be designated that contains only one judicial district, but only if the district serves a municipality with a population of at least 400,000. The board shall adopt and enforce a regional allocation policy to allocate the number of facilities and beds to each region, and an intra-regional allocation policy for each region to allocate the number of facilities and beds. The state jail division may designate one or more facilities to treat inmates eligible for confinement in a substance abuse felony punishment facility or house inmates eligible for confinement in a transfer facility, but only if the placement does not deny placement of defendants required to serve terms of confinement following conviction of a state jail felony. No inmate may be housed in such facility if they have a history of violent behavior in a county jail or facility operated by the department, or housing them will increase the likelihood of harm to the public. Provides for the payment of state jail employee salaries and lists requirements for various state jail offender programs.

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§ 507.022. Employees’ Salaries, Room and Board, and Medical Care



§ 507.023. AIDS and HIV Education; Testing



§ 507.024. Transportation of Defendants



§ 507.025. Medical Care



§ 507.026. Change in Designation of Facility § 507.027. Inspections § 507.029. Use of Inmate Labor § 507.030. Visitation



§ 507.031. Furlough Program



§ 507.032. Identification of Defendants Subject to Arrest Warrant



The General Appropriations Act provides provisions dealing with the salaries, lodging, and uniforms of employees of the state jail division. Employees of the state jail division who are injured in the line of duty are entitled to free medical care. The state jail division shall establish and provide education programs to educate employees and defendants about HIV and AIDS in the same manner as the institutional division. A policy for handling defendants with AIDS or HIV should be adopted, including testing defendants for AIDS or HIV in the same manner as the institutional division. Rules shall be adopted for the safe transfer of defendants from counties to state jail felony facilities. If it is just as economical, a sheriff may transport a defendant. The state jail division is responsible for costs of transfer. State jail division may contract with the institutional division, a private vendor, or any public health care provider for the provision of medical care to defendants. The board may designate any facility under its control as a state jail felony facility. Rules shall be adopted related to inspections of state jail felony facilities. Inmate labor of the institutional division may be used for any work or community service program performed by the state jail division. The governor, members of the legislature, and officials of the executive and judicial branches may enter any part of a facility during business hours to observe operations. The facility shall establish a visitation policy for those confined in the facility. The director of a state jail felony facility may grant a defendant a furlough so the defendant may obtain medical treatment, obtain treatment at a Texas Department of Mental Health and Mental Retardation facility, attend a funeral or visit a critically ill relative, or participate in a programmatic activity sanctioned by the state jail division. Before a defendant is released from a state jail felony facility, a criminal history record check is conducted to determine if the defendant is subject

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§ 507.033. Rehabilitation Programs



to an arrest warrant. A defendant, who is capable, may be allowed to tutor illiterate defendants. Those tutors may only act as a teacher and may not exercise supervisory authority over the defendant. The following volunteer programs shall be encouraged by the state jail division: literacy and education, life skills, job skills, parent training, drug and alcohol rehabilitation, support groups, and arts and crafts.



CHAPTER 508. PAROLE AND MANDATORY SUPERVISION. SUBCHAPTER A. GENERAL PROVISIONS §508.001. Definitions §508.002. Clemency, Commutation Distinguished §508.003. Inapplicable to Juveniles and Certain Inmates



Subchapter B. Board of Pardons and Paroles §508.031 §508.032. Requirements and Membership



§508.033. Disqualifications



§508.034 Grounds for Removal

Sunset Advisory Commission



Definitions section of terms related to parole. Neither parole nor mandatory supervision is a sentence commutation or form of clemency. This chapter does not apply to emergency inmate absences under Section 501.006 or to juveniles except for provisions that are not in conflict with section 508.156 that apply to parole of Texas Youth Commission offenders. Lists the composition of the Board of Pardons and Paroles, and number of Board members. Board members must have resided in Texas for two years before appointment. Former TDCJ employees may not serve on the board for two years after the date the person terminates TDCJ employment. Persons employed on August 1, 2005 may not serve on the board before August 1, 2005 and not more than 3 board members serving on the board at the same time may be TDCJ employees. Previous service as a BPP member is not considered TDCJ employment. Persons or their spouses who are employed by a business or other organization that receives funds from TDCJ or the BPP or who own or control more than 10 – percent of a business or organization regulated by TDCJ or that receives funds from TDCJ or who uses or receives a substantial amount of tangible goods, services or funds from TDCJ or the BPP may not be BPP members. BPP members cannot belong to a trade association or be a lobbyist. If the BPP member does not meet the membership

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§508.035. Presiding Officer §508.036. General Administrative Duties



§508.037. Term; Removal



§508.038. Vacancies §508.039. Compensation §508.040. Personnel



requirements in 508.032, is disqualified under 508.033, is unable to discharge the members duties for a substantial part of the term due to illness or disability; or is absent for half of the meetings, the BPP member may be removed from the BPP. BPP actions taken during the existence of grounds for removal does not affect BPP action. The BPP General Counsel must notify the presiding officer if a potential ground for removal exists. If the potential ground for removal is against the presiding officer, the General Counsel is to notify the governor and the attorney general. Failure to comply with Board policies and rules is grounds for removal. A presiding officer serves at the pleasure of the Governor. The presiding officer is the administrative head of the BPP. The duties of the presiding officer and board are outlined. The Board administrator is to prepare and keep a written plan that describes how a person who does not speak English can be provided with reasonable access to BPP programs and services. The BPP is subject to the Open Meetings law and the administrative procedure law. Board members hold six- year terms. The terms of one-third of the members expire on February 1 of each odd-numbered year. The governor may remove a BPP member, other than a member appointed by another Governor at any time and for any reason. The governor may appoint a person to serve an unexpired term in the same manner as other appointments are made. BPP members are paid the salary determined by the legislature in the General Appropriations Act. The presiding officer employs and supervises the parole commissioners, the General Counsel to the Board, a Board administrator to manage the day-today BPP activities, hearing officers, and personnel to assist in clemency and hearing matters and secretarial or clerical personnel. The Board administrator keeps the EEO policy statement. The policy statement must be updated annually; revised by the Commission on Human Rights; and filed with the Governor’s office. The Board

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administrator or designee must develop an intraagency career ladder program and system of annual performance evaluations. All merit pay must be based on the system established under this subsection. §508.041. Designee Training; Handbook The board must develop a training program for new BPP employees designated to conduct hearings; a procedural manual that includes decisions determined by the BPP to have value as precedent for subsequent hearings; and a handbook for hearings participants. §508.042. Training Program for Members The TBCJ must develop a training and education and Parole Commissioners program on the criminal justice system with an emphasis on parole for BPP members and parole commissioners. New board members and commissioners may not participate in a vote or deliberate or be counted as a member in attendance at a meeting until they complete this program. New parole commissioners who completed the program as a board member do not have to complete the program. §508.043. Gifts and Grants The BPP may apply for and accept gifts and grants from any public or private source for any lawful Board purpose. §508.044. Powers and Duties of Board §508.0441. Release and Revocation Duties A board member must give full time to Board member duties. BPP members and parole commissioners decide which inmates are released on parole or mandatory supervision; conditions of parole or mandatory supervision; modifications and withdrawals of conditions; which releasees may be released from supervision and reporting; and the continuation, modification, and revocation or parole or mandatory supervision. The BPP has to develop a policy on when a BPP member or parole commissioner should be disqualified from voting. The board may adopt reasonable rules relating to inmate eligibility for release to parole or mandatory supervision, hearings or conditions. BPP members and parole commissioners must file activity reports on their duties. BPP members and parole commissioners act in three member panels to decide whether to grant, deny or revoke mandatory supervision or parole

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§508.045. Parole Panels



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§508.146. Extraordinary Vote Required



§508.047 Meetings



§508.048. Subpoenas



§508.0481. Victim’s Right to Representation



§508.049. Mission Statement §508.050. Report to Governor



§508.051. Sunset Provision §508.052. Computers; Office Space; Other Equipment



and conduct hearings. All members of the BPP must vote on release on parole inmates convicted of a capital felony indecency with a child by sexual contact, Aggravated sexual assault, or who is required to serve 35 years on a life sentence under the repeat and habitual felony offender statute before becoming parole eligible. There must be a twothirds vote in favor of release. BPP members may not vote until they receive information from TDCJ on the offender’s probability to commit an offense after release. Board members must meet at least once every quarter. They are not required to meet as a body regarding clemency or to perform their duties, except to conduct a hearing under Section 508.281. A parole panel may issue subpoenas. BPP members may sign a subpoena and administer an oath. Officers may serve subpoenas in the same manner as a court subpoena. A person who testifies falsely, fails to appear or fails to produce materials subject to the subpoena is subject to the same penalties as a person in court. On application of the BPP, the court having jurisdiction of the offense that the person receives a being supervised may compel witness attendance or document production. If a victim close relative of a deceased victim, or guardian of a victim is subpoena to appear, they are entitled to representation, but the State does not have to provide counsel. Victim is defined by Section 508.117. The BPP must adopt a mission statement. The governor can ask the BPP to investigate a person being considered by the Governor for pardon, commutation of sentence, reprieve, remission of fines or forfeiture. The BPP can report on the investigation and make recommendations. The BPP is subject to Sunset review, but is not abolished. The BPP is reviewed during the time that TDCJ is reviewed. TDCJ by interagency agreement may provide computer equipment and access to records, office space, utilities and communications equipment to the Board.

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SUBCHAPTER C. REPRESENTATION OF INMATES §508.081. Definitions



Definitions section of terms relating to inmate representation. §508.082. Rules The Board must adopt rules relating to the submission of information to and contacts with the Board. §508.083. Eligibility to Represent Inmates A person representing an inmate for compensation must be a licensed attorney in Texas and register with the Division. It is a Class A misdemeanor for Board members or employees and Texas Board of Criminal Justice members or employees to represent an inmate before the board for compensation for two years after the date that the person ceases to be a Board member or employee or TDCJ board member or employee. §508.084. Fee Affidavit Fee affidavits must be filed with the department for each inmate represented. §508.085 Representation Summary Form Representation summaries must be filed by attorneys every year that the person represents an inmate before the Board. §508.086. Criminal Penalties BPP board members or employees or TDCJ Board members or employees commit a Class A misdemeanor, if they represent an inmate for compensation before two years from the date of service has expired. Representing an inmate for compensation without a Texas law license or failing to file the fee affidavit form or Representation Summary Form are class C misdemeanors. SUBCHAPTER D. PARDONS AND PAROLES DIVISION §508.111. Director The TDCJ Executive Director hires the parole division director. §508.113. Parole Officers, Supervisors; Persons employed as parole officers or supervisors Qualifications on or before September 1, 1990, must have a fouryear degree; two years of full time paid employment in correctional work with adults or juveniles or a related field and any other qualifications that may be specified by the director. Persons who are serving as peace officers or prosecuting attorneys may not be a parole officer. §508.114. Parole Officers, Supervisors: A parole officer may also serve as a probation Additional Duties officer with the approval of the judge and Parole Division Director. Salary arrangements for the proportion of work done as a probation officer must

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§508.1141. Specialized Training; Gang Members §508.115. Notification of Release of Inmate



§508.116. Parole Information Program



§508.117. Victim Notification



§508.118. Halfway Houses §508.119. Community Residential Facilities SUBCHAPTER E. PAROLE AND MANDATORY SUPERVISION: RELEASE PROCEDURES §508.141. Authority to Consider and Order Release on Parole §508.142. Period of Parole



be made. Parole officers may also be responsible for supervising an inmate placed on conditional pardon or granted an emergency absence under escort on the governor’ request or order of the Parole Division Director. TDCJ must develop and provide specialized training for parole officers who supervise offenders identified as gang members. Local officials in the county of conviction and county of release must be notified of an offender’s release. The notice must state the inmate’s name, the county in which the inmate was convicted and the offense for which the inmate was convicted. The parole division has to develop and implement a program to inform offenders and their families and other interested parties about the parole process. This program must be updated annually. Provides for Pre-release notice by the parole division to the victim, guardian or close relative of the victim if the victim is deceased using the information in the victim impact statement. If this victim information was not in the victim impact statement, a victim, guardian or close relative may receive notice if they submit a written request. The information on the persons entitled to this notice may not be disclosed except for the purposes of this section, or with the person’s approval or court order. A “victim” is defined as a victim of a sexual assault, kidnapping, aggravated robbery, felony stalking, or who has suffered bodily injury or death as the result of criminal conduct of another. Authorizes the division to use halfway houses. The division may contract for community residential facilities.



§508.143. Legal Custody of Releasee

June 2005



Authorizes a parole panel to consider persons for parole or mandatory supervision release. TDCJ-CID is to provide the parole division with sentence time credit. The period of parole is computedby subtracting the term of the sentence from the calendar time served on the sentence. Good conduct time is also computed. Releasees on parole are in the legal custody of the

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§508.144. Parole Guidelines §508.145. Eligibility for Release on Parole; Computation of Parole Eligibility Date §508.146. Medically Recommended Intensive Supervision §508.147. Release to Mandatory Supervision



division and mandatory supervision. Requires the Parole Board to establish parole guidelines that are the basic criteria for parole decisions. Inmates sentenced to death or life for capital offenses committed after September 1, 2005 are not eligible for parole. Establishes a process to identify offeners who are elderly, physically disabled, mentally ill, terminally ill, or mentally retarded or requiring long term care for intensive supervision. Except for offenders in 508.149, a parole panel must order the release of an inmate who is not on parole when the actual calendar time served plus any accrued good conduct time equals the sentence term. The term of mandatory supervision is the term that the inmate was sentenced to, less the calendar time served. The time on mandatory supervision is calendar time. Inmates with certain listed offenses are not eligible for release to mandatory supervision. Other offenders may not be released to mandatory supervision if the BPP determines that the inmate’s good conduct time is not an accurate reflection of the inmate’s potential for rehabilitation and his release would endanger the public. A parole date must be designated for each sentence, when there are consecutive sentences. A presumptive parole date may be established for certain offenders. This date may be rescinded or postponed based on information from parole or the institutional division. If an inmate transferred to pre-parole status satisfactorily completes his sentence in the halfway house to which he was assigned, the offender is released to parole. TDCJ must obtain certain inmate information within 20 days after admission. TDCJ must establish a proposed program for the inmate that measures his institutional progress. This proposed plan must be presented to the Board at the time of release consideration. The BPP must conduct an initial review of an inmate not later than 180 days after institutional division admission. Prosecutors

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§508.148. Period of Mandatory Supervision §508.149. Inmates Ineligible for Mandatory Supervision



§508.150. Consecutive Felony Sentences §508.151. Presumptive Parole Date



§508.152. Proposed Program of Institutional Progress



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§508.153. Statements of Victim §508.154. Contract on Release



§508.155. Completion of Parole Period



§508.156. Determinate Sentence Parole. SUBCHAPTER F. MANDATORY CONDITIONS OF PAROLE OR MANDATORY SUPERVISION §508.181. Residence During Release.



must provide written comments relating to the offense it the offense requires imposition of child safety zone conditions as listed in 508.187(a). Victims may submit written victim impact statements or appear before the Board. The division must provide parolees with a contract stating the rules and parole conditions. Provisions for juvenile offenders transferred to parole are set forth. Releasees must serve the entire period of parole. Time on parole is computed as calendar time. The division may allow an offender to serve the remainder of the sentence without supervision and reporting if the person has been on supervision for at least half of the time remaining on the sentence, the offender has not been revoked, and the division has determined that a good faith restitution effort has been made, and that allowing the offender to serve the rest of the sentence without reporting or supervision is in the best interest of society. This status may be revoked at any time and for any reason. Provisions for juvenile offenders transferred to parole are set forth.



§508.182. Parole Supervision Fee; Administrative Fee §508.183. Education Skill Level

June 2005



The Board is required to impose certain conditions of parole or mandatory supervision release on all offenders. Offenders must be released to the county of residence at the time of the offense, or the county where the offense was committed. There are exceptions if release to a county other than the county of residence would protect the life and safety of the victim, the releasee, a witness, or any other person; or increase the offender’s successful completion of supervision; public outcry; the presence of family members or friends who will assist in the offender obtaining a job; or availability of treatment, educational or other social service programs in the other county where the releasee would be required to reside. Offenders must pay parole supervision and administrative fees. The BPP must impose as a condition of release that

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§508.184. Controlled Substance Testing



§508.185. Substance Abuse Treatment



§508.186. Sex Offender Registration §508.187. Child Safety Zone §508.188. Community Service for Certain Releasees.



§508.189. Parole Fee for Certain Releasees



§508.190. Avoid Victim of Stalking Offense



§508.191. No Contact with Victim



offenders be able to read on a sixth grade level, unless the offender lacks the intellectual capacity or learning ability to achieve that level. Controlled substance testing is required as a condition if a controlled substance is present in the releasee’s body, the releasee has used a controlled substance or the use is related to the offense. The BPP must impose substance abuse treatment on offenders who participated in substance abuse treatment in prison. The Texas Commission on Alcohol and Drug Abuse must develop the continuum of care treatment program. The BPP must impose sex offender registration conditions on offenders with reportable convictions under Chapter 62, C.C.P. The BPP must impose child safety zone conditions on offenders with certain convictions. If a court enters a finding that an offense was committed due to bias or prejudice, the BPP must require that the offender perform 300 hours of community service at a project that primarily serves the person or group that was the offender’s target. Offenders with certain convictions must pay a $5.00 per month parole fee. The fees are deposited in the general revenue fund to the credit of the sexual assault program fund established under Section 44.0061, Health and Safety Code. BPP must impose a condition that persons convicted of stalking, not communicate with the victim or go near the victim’s residence, employment or school or similar facility where a dependent child of the victim attends. BPP must impose a no contact provision. This victim may ask for modification of this condition. Offenders and victims may also participate in victim-offender mediation.



SUBCHAPTER G. DISCRETIONARY CONDITIONS OR PAROLE OF MANDATORY Supervision§508.221. Conditions A parole panel may impose any condition of parole Permitted Generally or mandatory supervision that a court may impose on a probationer. §508.222. Payment of Certain Damages The BPP may require a releasee to make payment in satisfaction of damages that a releasee is liable for under section 500.002.

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§508.223. Psychological Counseling §508.224. Substance Abuse Counseling.



§508.225. Child Safety Zone



§508.226. Orchiectomy as Condition Prohibited SUBCHAPTER H. WARRANTS §508.251. Issuance of Warrant or Summons



Persons convicted of stalking may be required to attend psychological counseling sessions. The BPP may impose substance abuse counseling in a TCADA licensed facility if the releasee was sentenced for an offense involving a controlled substance, or the panel determines that the releasee’s substance abuse was related to the offense. If warranted by the nature of the offense, the BPP may establish a child safety zone to an inmate serving an offense listed in Art. 42.12, section 3g(a)(1) or for which the judgment contained an affirmative finding under Art. 42.12, section 3g(a)(2). Orchiectomy may not be required. The parole division director or designee or the board on order of the governor may issue a warrant for the return of the person to the institution from which the person was paroled or released based on certain grounds. A warrant or summons may issue if a person who is ineligible for release has been released; the offender has been arrested for an offense; there is a self-authenticating document that the offender has violated a condition of supervision; or there is reliable evidence that the offender poses a danger to society that warrants an immediate return to custody. If the offender has committed a violation, the date from warrant issuance to arrest is not counted as part of the time served. Pending a hearing, a person arrested on a parole warrant is to remain confined. The person for whom a warrant is issued is a fugitive. Extradition rights remain in effect. At anytime before a revocation hearing is set, the division may withdraw the warrant and continue supervision. The Board or designated agent must give a hearing to a person who is arrested on a parole warrant.

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§508.252. Grounds for Issuance of Warrant or Summons



§508.253. Effect on Sentence After Issuance of Warrant §508.254. Detention Under Warrant §508.255. Status as Fugitive From Justice §508.256. Withdrawal of Warrant SUBCHAPTER I. HEARINGS AND SANCTIONS §508.281. Hearing



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§508.2811. Preliminary Hearing



§508.282. Deadlines §508.283. Sanctions



§508.284 Transfer Pending Revocation Hearing



Persons with a new offense are entitled to a mitigation hearing only, since a new offense is sufficient basis for revocation. Preliminary hearings are required unless the person waives the hearing is only charged with an administrative violation or has been found guilty of an offense committed after release. The final hearing must be held or the case disposed of within certain timeframes. After a hearing, the board may continue, revoke or modify parole or mandatory supervision or the Board may make those recommendations to the Governor in conditional pardon cases. An offender may be transferred pending a hearing to a facility operated by or under contract with the division if there is adequate space and the facility is not more than 150 miles from the facility from which the offender is to be transferred. On request of a BPP member, various public officials must send information relating to an inmate eligible for parole to TDCJ. The TBCJ must collect recidivism information on releasees and use the information to evaluate operations. Information sharing and confidentiality provisions. Parole information is confidential but may be shared with certain governmental entities for certain purposes. Provisions do not apply to sex offender information authorized for release under Chap. 62. TDCJ must grant BPP member access to inmates and reports. To establish an electronic monitoring program, the parole division can fund an EM program in a parole office, develop standards for the operation of the EM program in a parole office and fund the purchase, lease, or maintenance of EM equipment. TDCJ may contract for services for releasees who have a history of mental impairment or mental retardation, substance abuse, or sexual offenses. TDCJ must establish an intensive supervision program and the TBCJ must adopt rules that establish standards that determine which inmates require intensive supervision. This level is higher

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SUBCHAPTER J. MISCELLANEOUS §508.311. Duty to Provide Information §508.312. Information on Recidivism of Releasees §508.313. Confidential Information



§508.314. Access to Inmates §508.315. Electronic Monitoring Programs



§508.316. Special Programs §508.317. Intensive Supervision Program; Super –Intensive Supervision Program



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than any other level of supervision, except super intensive supervision. The super-intensive supervision program is the highest level of supervision provided. §508.318. Continuing Education Program TBCJ and the Texas Education Agency must adopt a MOU regarding a continuing education program to increase offender literacy. Each agency by rule must adopt the MOU. §508.319. Program to Assess and Enhance TDCJ with other governmental entities may Educational and Vocational Skills develop a program to provide educational and vocational training. This training can be provided to inmates who are not supervised and to decrease state expense, the Texas Workforce Commission is to provide to TDCJ and other entities, information related to financial assistance. §508.320. Contracts for Lease of Federal TDCJ may contract with the federal government to Facilities provide housing to releasees. §508.321. Reporting, Management, and TDCJ with the approval of the TBCJ may contract Collection Services with public or private vendors to provide telephone reporting, automated caseload management, or collection services for fines, fees, restitution or other costs ordered by a court or fees collected by the Parole Division. §508.322. Releasee Restitution Fund The releasee restitution fund is outside the treasury and consists of releasee restitution payments. The comptroller is the trustee of the fund. When restitution is ordered by the BPP, the TDCJ collects the payment for disbursement to the victim, deposits the payment in the releasee restitution fund, and sends the payment to the victim. §508.323. Audit The state auditor may audit the division and BPP. §508.324.Victim-Offender Mediation If the parole division receives notice that a victim wants to participate in victim-offender mediation, the parole division shall cooperate, but may not require the defendant to participate, or reward the person for participation. CHAPTER 509. COMMUNITY JUSTICE ASSISTANCE DIVISION § 509.001. Definitions Community corrections facility means a physical structure a restitution center; The term includes a court residential treatment facility; a substance abuse treatment facility a custody facility or boot camp; a facility for an offender with a mental impairment, as defined by Section 614.001, Health and Safety Code; and an intermediate sanction

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§ 509.002. Purpose



§ 509.003. Standards and Procedures



§ 509.004. Records, Reports, and Information Systems



facility. Department means a community supervision and corrections department established under Chapter 76.Division means the community justice assistance division. To allow localities to increase their involvement and responsibility in developing sentencing programs that provide effective sanctions for criminal defendants; provide increased opportunities for criminal defendants to make restitution to victims of crime through financial reimbursement or community service; provide increased use of community penalties designed specifically to meet local needs; and promote efficiency and economy in the delivery of community-based correctional programs consistent with the objectives defined by Section1.02, Penal Code. The division shall propose and the board shall adopt reasonable rules establishing: minimum standards for programs, community corrections facilities and other facilities, equipment, and other aspects of the operation of departments; a list and description of core services that should be provided by each department; methods for measuring the success of community supervision and corrections programs, including methods for measuring rates of diversion, program completion, and recidivism; a format for community justice plans. TDCJ shall keep financial and statistical records determined necessary by the division; submit a community justice plan and all supporting information requested by the division; present data requested by the division as necessary to determine the amount of state aid for which the department is eligible; submit periodic financial audits and statistical reports to the division; and submit to the Department of Public Safety the full name, address, date of birth, social security number, and driver's license number of each person restricted to the operation of a motor vehicle equipped with a device that uses a deep-lung breath analysis mechanism to make impractical the operation of the motor vehicle if ethyl alcohol is detected in the breath of the

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§ 509.005. Inspections; Audits; Evaluations



§ 509.006. Community Corrections Facilities



§ 509.007. Community Justice Plan



restricted operator. The division shall develop an automated tracking system. The community justice assistance division shall from time to time inspect and evaluate and the internal audit division may at any reasonable time conduct an audit of the financial, program compliance, or performance records of a department to determine: compliance with the division's rules and standards; economical and efficient use of resources; accomplishment of goals and objectives; reliability and integrity of information; and safeguarding of assets. To establish and maintain community corrections facilities, the division may: fund division-managed facilities; fund contracts for facilities that are managed by departments, counties, or vendors; provide funds to departments for the renovation of leased or donated buildings for use as facilities; accept ownership of real property pursuant to an agreement under which the division agrees to construct a facility and offer the facility for lease; allow departments, counties, or municipalities to accept and use buildings provided by units of local governments, including rural hospital districts, for use as facilities; provide funds to departments, counties, or municipalities to lease purchase, or construct buildings or to lease or purchase land or other real property for use as facilities, lease or purchase equipment necessary for the operation of facilities, and pay other costs as necessary for the management and operation of facilities; and be a party to a contract for correctional services or approve a contract for those services if the state, on a biennial appropriations basis, commits to fund a portion of the contract. The division shall require as a condition to payment of state aid to a department or county under Section 509.011 and eligibility for payment of costs under Section 499.124 that a community justice plan be submitted for the department. The community justice council shall submit the plan required by this subsection. A community justice council may not submit a plan under this section unless the plan is first approved by the district judges who manage the department served by the council. The council shall submit a revised plan to the division each odd113 Sunset Advisory Commission



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§ 509.008. Officer Certification



§ 509.009. Training



§ 509.010. Public Meeting



§ 509.011. Payment of State Aid

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numbered year by a date designated by the division. A plan may be amended at any time with the approval of the division. The division shall establish officer certification programs for department residential officers and department supervision officers. A program must include coursework relating to the proper performance of the officer's duties and an examination prepared by the division administered at the conclusion of the coursework. The examination must test officers on knowledge required for the proper performance of their duties. An officer who satisfactorily completes the coursework and examination shall be certified. The division may provide pre-service, in-service, and educational training and technical assistance to departments to promote compliance with the standards under this chapter and to assist departments in improving the operation of department services. The division may not take an action under Sections 509.006(a)(1) through (6) relating to a community corrections facility established after August 31, 1989, unless a public meeting is held about the proposed action before the action is taken. 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: 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 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 by a community justice council under Section 76.003. If the division determines that a department

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complies with division standards and if the department or judges managing the department have submitted a community justice plan under Section 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: for per capita funding, a per diem amount for each felony defendant directly supervised by the department pursuant to lawful authority; 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 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. § 509.012. Refusal or Suspension of State The division shall take one or more of the following Aid actions against a department that the division determines is not in substantial compliance with division standards or requirements adopted under Sections 509.003 through 509.006: a reduction, refusal, or suspension of payment of state aid to the department; or an imposition of budget control over the department. The board shall provide for notice and a hearing in cases in which the division proposes to take an action authorized by this section, other than a refusal by the division to provide discretionary grant funding or a reduction by the division of discretionary grant funding during a funding cycle. The division shall define with specificity the conduct that constitutes substantial noncompliance with division standards and shall establish the procedures to be used in imposing or waiving a sanction authorized by this section, subject to approval of the definition and the procedures by adoption by the board. § 509.015. Treatment Standards for The division shall propose and the board shall Certain State Jail Felonies adopt best practices standards for substance abuse treatment conditions imposed under Section 15(c) (2), Article 42.12, Code of Criminal Procedure. CHAPTER 510. INTERSTATE

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COMPACT FOR ADULT OFFENDER SUPERVISION SUBCHAPTER A. GENERAL PROVISIONS §510.001. Definitions §510.002. Applicability of Chapter 2110 §510.003. Administration Subchapter B. Texas State Council for Interstate Adult Offender Supervision §510.011. Establishment §510.012. Composition; Terms Provides for the establishment and duties of the Texas State Council for Interstate Adult Offender Supervision (“State council”). Members of the state council are listed. The members serve staggered six-year terms with two terms expiring February 1 of each odd numbered year. The governor designates one member as the presiding officer, and appoints the state’s compact administrator and commissioner and may appoint one person to be both administrator and commissioner. All appointments are at the governor’s pleasure. The council advises the administrator and commissioner on the state’s participation in commission activities and compact administration. The compact administrator, state’s commissioner, and each member, officer, executive director, employee or agent is entitled to the protections of Chapter 104, Tex. Civil Practice and Remedies Code. In the event of a conflict between Texas law and the compact, the compact controls, except that in the event of a conflict between the compact and the Texas Constitution, the Texas Constitution controls. The compact terms are: Article I. Purpose

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Definitions relating to the “Commission”, “Compact” and “State Council”. Provisions regarding advisory councils in Chapter 2110 apply to the state council with some exceptions. The state council, compact administrator, and the state’s commissioner to the commission are administratively attached to TDCJ.



§510.013. Duties of Executive Director, Executive Director’s Designee



§510.014. Duties of Council



§510.015. Liabilities for Certain Commission Agents



§510.016. Effect on Texas Laws



§510.017. Compact to be Entered; Text.



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Article II. Definitions Article III. The Interstate Commission for Adult Offender Supervision Article IV. Powers and Duties of the Interstate Commission Article V. Organization and Operation of the Interstate Commission Article VI. Activities of the Interstate Commission Article VII. Rulemaking Functions of the Interstate Commission Article VIII. Oversight, Enforcement and Dispute Resolution by the Interstate Commission Article IX. Finance Article X. Compacting States, Effective date and Amendment Article XI. Withdrawal, Default, Termination and Judicial Enforcement XII. Severability and Construction XIII. Binding Effect of Compact and Other Laws CHAPTER 76. COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENTS § 76.001. Definitions



§ 76.002. Establishment of Departments



§ 76.003. Community Justice Council



Board means the Texas Board of Criminal Justice. Community supervision has the meaning assigned by Section 2, Article 42.12, Code of Criminal Procedure. Council means a community justice council. Department means a community supervision and corrections department established under this chapter. Division means the community justice assistance division of the Texas Department of Criminal Justice. The district judge or district judges trying criminal cases in each judicial district shall: establish a community supervision and corrections department; and employ district personnel as necessary to conduct pre-sentence investigations, supervise and rehabilitate defendants placed on community supervision, enforce the conditions of community supervision, and staff community corrections facilities. A community justice council must be established by the district judge or district judges in each jurisdiction served by a department, unless a board or council that was in existence on September 1, 1991, is performing duties substantially similar to

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§ 76.004. Department Director; Fiscal Officer



§ 76.005. Standards for Officers



§ 76.0051. Authorization to Carry Weapon



§ 76.006. Employee Status and Benefits



§ 76.007. Public Funds, Grants, and Gifts

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those imposed on a community justice council under this section. The council shall provide continuing policy guidance and direction for the development of community justice plans and community corrections facilities and programs. The district judge or judges shall appoint a department director who must meet, at a minimum, the eligibility requirements for officers established under Section 76.005. The department director shall employ a sufficient number of officers and other employees to perform the professional and clerical work of the department. The district judge or judges may appoint for the department a fiscal officer, other than the county auditor. An officer appointed by the department director must comply with a code of ethics developed by the division. To be eligible for appointment as an officer who supervises defendants placed on community supervision a person must have acquired a bachelor's degree conferred by an institution of higher education accredited by an accrediting organization recognized by the Texas Higher Education Coordinating Board. A person employed as a peace officer is not eligible for appointment as an officer under this section. The division may establish a waiver procedure for departments unable to hire persons meeting the requirements under Subsection (b)(2). An officer is authorized to carry a weapon while engaged in the actual discharge of the officer's duties only if: the officer possesses a certificate of firearms proficiency issued by the Commission on Law Enforcement Officer Standards and Education under Section 415.038; and the director of the department and the judges participating in the management of the department agree to the authorization. Except as provided by Subsection (c), department employees are not state employees. The department shall contract for all employee benefits with one county served by the department and designated for that purpose by the district judge or judges, and the employees are governed by personnel policies and benefits equal to personnel policies for and benefits of other employees of that county. A department may accept public funds and grants

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§ 76.008. Financial Responsibilities of Counties



§ 76.009. Financial Responsibilities of Districts



§ 76.010. State Funds or Guarantees for Corrections Facilities



§ 76.011. Pretrial Services

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and gifts from any source for the purpose of financing programs and facilities. A municipality, county, or other political subdivision may make grants to a department for those purposes. The county or counties served by a department shall provide physical facilities, equipment, and utilities for a department. The division shall monitor the support a county provides under this section and determine whether a county provides support that meets the standards for minimum support established by the division. If the division determines that a county's support is insufficient, the division may impose on the department a sanction authorized by Section 509.012. If a department serves two or more counties, those counties may enter into an agreement for the distribution of the expenses of facilities, equipment, and utilities. The district judge or judges may expend district funds in order to provide expanded facilities, equipment, and utilities if: the department needs to increase its personnel in order to provide more effective services or to meet workload requirements established under Chapter 509; the county or counties certify to the judge or judges that they have neither adequate space in countyowned buildings nor adequate funds to lease additional physical facilities, purchase additional equipment, or pay for additional utilities required by the department; and the county or counties provide facilities, equipment, and utilities at or above the levels required by the division. Community corrections facility has the meaning assigned by Section 509.001. State jail felony facility means a facility operated or contracted for by the state jail division of the Texas Department of Criminal Justice under Subchapter A, Chapter 507. A department, county, municipality, or a combination involving more than one of those entities may establish a community corrections facility and are specifically encouraged to purchase or enter into a contract for the use of abandoned or underutilized public facilities, such as former military bases and rural hospitals, for the purpose of providing community corrections facilities. The department may operate programs for the

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§ 76.012. Reporting and Management Services



§ 76.013. Restitution



§ 76.014. Assessment and Enhancement of Defendant's Educational Skills



§ 76.015. Administrative Fee



§ 76.016. Victim Notification



supervision and rehabilitation of persons in pretrial intervention programs. Programs may include testing for controlled substances. A person in a pretrial intervention program may be supervised for a period not to exceed one year. The department may use money deposited in the special fund of the county treasury for the department under Article 103.004(b), Code of Criminal Procedure, only for the same purposes for which state aid may be used under this chapter. A department may enter into a contract with a public or private vendor to provide telephone reporting, automated caseload management, and collection services for fines, fees, restitution, and other costs ordered to be paid by a court or fees imposed by a department. If a judge requires a defendant to make restitution to a victim of the defendant's offense, and a payment is received by a department from the defendant for transmittal to a victim of the offense, the department that receives the payment for disbursement to the victim shall immediately deposit the payment in an interest-bearing account in the county treasury as required by Section 140.003(f), Local Government Code. A department, with the assistance of the Texas Workforce Commission, the Texas Workforce Investment Council, local workforce development boards, and other appropriate public and private entities, may establish a developmental program for a defendant under the supervision of the department on the basis of information obtained in the presentence investigation report prepared for the defendant. A department may collect money from an individual as ordered by a court served by the department regardless of whether the individual is under the department's supervision. A department that collects money under this section shall promptly transfer the money collected to the appropriate county or state officer. A department, using the name and address provided by the attorney representing the state under Article 56.08(d), Code of Criminal Procedure, shall immediately notify a victim of the defendant's crime or, if the victim has a guardian or is

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§ 76.017. Treatment Alternative to Incarceration Program



§ 76.018. Application of Law Relating to Free Exercise of Religion



deceased, notify the guardian of the victim or close relative of the deceased victim of: the fact that the defendant has been placed on community supervision; the conditions of community supervision imposed on the defendant by the court; and the date, time, and location of any hearing or proceeding at which the conditions of the defendant's community supervision may be modified or the defendant's placement on community supervision may be revoked or terminated. A department may establish a treatment alternative to incarceration program in each county served by the department according to standards adopted by the division. A department may enter into an interlocal cooperation agreement with one or more other departments in order to establish this program on a regional basis. For purposes of Chapter 110, Civil Practice and Remedies Code, an ordinance, rule, order, decision, or practice that applies to a person in the custody of a correctional facility operated by or under a contract with a community supervision and corrections department is presumed to be in furtherance of a compelling governmental interest and the least restrictive means of furthering that interest. The presumption may be rebutted.



LOCAL GOVERNMENT CODE CHAPTER 244. LOCATIONS OF CERTAIN FACILITIES AND SHELTERS SUBCHAPTER A. CORRECTIONAL OR REHABILITATION FACILITY § 244.001. Definitions



§ 244.002. Notice of Proposed Location



Correctional or rehabilitation facility means a probation or parole office or a residential facility and is operated by an agency of the state, a political subdivision of the state, or a private vendor operating under a contract with an agency of the state or a political subdivision of the state. An agency of the state, a political subdivision of the state, or a private vendor operating under a contract with an agency or political subdivision of the state that proposes to construct or operate a correctional or rehabilitation facility within 1,000 feet of a

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§ 244.003. Proximity of Correctional or Rehabilitation Facility



§ 244.004. Local Consent



§ 244.006. Exemptions



§ 244.007. Conflict With Other Law CODE OF CRIMINAL PROCEDURE ART. 42.12, TEX. CODE OF CRIMINAL PROCEDURE, §1 Community Supervision



residential area, a primary or secondary school, property designated as a public park or public recreation area by the state or a political subdivision of the state, or a church, synagogue, or other place of worship shall provide written notice. Unless local consent is denied under Section 244.004, an agency of the state, a political subdivision of the state, or a private vendor operating under a contract with an agency or political subdivision of the state may operate a correctional or rehabilitation facility within 1,000 feet of a residential area, a primary or secondary school, property designated as a public park or public recreation area by the state or a political subdivision of the state, or a church, synagogue, or other place of worship. Local consent to the operation of a correctional or rehabilitation facility at a location within 1,000 feet of a residential area, a primary or secondary school, property designated as a park or public recreation area by the state or a political subdivision of the state, or a church, synagogue, or other place of worship is granted unless, not later than the 60th day after the date on which notice is received by a commissioners court or governing body of a municipality under Section 244.002(a), the commissioners court or governing body, as appropriate, determines by resolution after a public hearing that the operation of a correctional or rehabilitation facility at the proposed location is not in the best interest of the county or municipality, as appropriate. This subchapter does not apply to the operation of a correctional or rehabilitation facility at a location subject to this subchapter if it is listed in this section. To the extent of any conflict between this subchapter and Sections 508.119 and 509.010, Government Code, this subchapter prevails.



State courts are responsible for determining when a sentence is suspended, and the conditions of supervision for Offenders placed on community

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§2. Definitions §3. Judge Ordered Community Supervision



§3g. Limitation on Judge Ordered Community Supervision



§4. Jury Recommended Community Supervision



§ 5. Deferred Adjudication; Community Supervision



supervision. Section of terms related to Community Supervision. After conviction or a guilty plea, a Judge may suspend sentence imposition and place the offender on community supervision if in the best interest of justice, the public and the defendant. The minimum priod of supervision for a felony is the minimum term that applies to the offense. And the maximum period is 10 years, generally. The maximum period of community supervision for a misdemeanor is 2 years. Periods of supervision may be extended. Sentences that exceed 10 years confinement and state jail felonies are ineligible for community supervision. Community supervision may not be denied because the person cannot understand English. Community supervision is not available to Defendants convicted of certain offenses or if the court enters an affirmative finding in the judgment that a firearm was used during the offense or in flight from the offense. If there is an affirmative finding that a deadly weapon was used during the commission of a second degree or higher offense, the Judge may sentence the offender to 120 days TDCJ confinement and release the person to community supervision after that term has been served. A jury may recommend community supervision to a Judge. The Defendant must not be sentenced to a term that exceeds 10 years; not be sentenced for a state jail felony; and must file a motion that he has not previously been convicted of a felony in this state or any other state. After a guilty plea, a Judge may defer further proceedings without entering a finding of guilt, and place the Defendant on community supervision. The period may not exceed 10 years for a felony case or 2 years for a misdemeanor case. The defendant is informed of the consequences of a violation. On a violation the defendant may be arrested and is entitled to a hearing limited to a decision of whether the court proceeds to adjudicate guilt. After adjudication the proceeding continues as if the adjudication of guilt had not been deferred. For a state jail felony, the defendant may be placed on community supervision or the

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§6. Continuing Jurisdiction in Felony Cases



§7. Continuing Jurisdiction in Misdemeanor Cases



§7. State Boot Camp Program



§9. Presentence Investigations



sentence executed regardless of whether the defendant has a prior state jail felony conviction. If the defendant successfully completes supervision except for sex offenders, the judge may dismiss the proceedings and discharge the defendant. The judge may not dismiss and discharge a sex offender. The dismissal and discharge is not a conviction for purposes of disqualifications or disabilities imposed by law for a conviction. The deferred adjudication may be used on subsequent conviction and for licensing requirements under Chapter 42, Human Resources Code and for registration with the Interagency Council on Sex Offender Treatment to provide mental health or medical services for sex offenders. Some offenses are ineligible for deferred adjudication The jurisdiction of a court continues for 180 days from the date the sentence to TDCJ confinement for a felony begins. Before the expiration of 180 days after the sentence begins, the sentence may be suspended and the person placed on community supervision on motion of the court, state, or defense. If the sentence is suspended and the person placed on community supervision, TDCJ must send a complete copy of the Offender’s record to the Judge. The jurisdiction of a court continues for 180 days from the date that a sentence to county jail confinement for a misdemeanor begins. Before 180 days from the sentence begin date expires, the offender may be placed on community supervision. A Judge may recommend that an Offender be placed in the state boot camp program for up to 180 days as a condition of community supervision. Eligible offenders must be otherwise eligible for community supervision; between 17 and 26 years old; physically and mentally able to participate in a strenuous physical activity program; and not convicted of a state jail felony. The court may hot hold TDCJ or any TDCJ employee in contempt for failure to adhere to a Court ’s State Boot Camp recommendation. With some exceptions, prior to sentencing, a Judge must order the preparation of a presentence investigation report by a supervision officer that informs the court of the circumstances of the

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§9A. Sex Offenders: Presentence Investigation and Postsentence Treatment and Supervision



§10. Authority to Impose, Modify, or Revoke Community Supervision



§11. Basic Conditions of Community Supervision §12. Confinement as a Condition of Community Supervision



§13. DWI Community Supervision



offense and provides other information to the Judge. If a presentence report is not prepared, the Judge may order a Community Supervision Officer (CSO) to prepare a post sentence report. Post sentence reports, if any, must be included in the pen packet sent to TDCJ. Sex offender information in a presentence investigation and postsentence report may be provided to listed treatment providers. A CSO or other agency approved by the Texas Council on Sex Offender Treatment may provide an evaluation on a treatment, supervision or rehabilitation plan to the Court. Only the court that tried the Defendant may grant community supervision, impose or modify conditions, revoke the community supervision, or discharge the defendant, unless the Judge transfers the case. The defendant upon receipt of a copy of the modifications may agree. If the Defendant does not agree, the case is referred for a hearing. The judge may impose any reasonable condition that is designed to protect or restore the community or victim, or punish, rehabilitate or reform the defendant. Confinement in the county jail as a condition of community supervision for a misdemeanor may not exceed 30 days or 180 days for a felony. If a judge requires confinement in a Community Corrections Facility under section 18, the term under section 18 and a term under this section may not exceed 24 months. The Judge must order an evaluation performed on Offenders given community supervision for certain intoxication offenses if the Offender has not been evaluated in a presentence or post- sentence report. If the evaluation indicates that drug or alcohol dependency treatment is needed, the Judge must require treatment as a condition of community supervision in a facility or program licensed or approved by the Texas Commission on Alcohol and Drug Abuse (TCADA) or that complies with TDCJ-CJAD standards in consultation with TCADA. Offenders with certain intoxication offenses must complete an educational program jointly approved by TDCJ-CJAD, TCADA, DPS, and the Traffic Safety Section of the Texas

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§13A. Community Supervision for Offense Committed Because of Bias or Prejudice



§13B. Defendants Placed on Community Supervision for Sexual Offenses Against Children §13C. Community Supervision for Making a Firearm Accessible to a Child



§ 13D. Defendants Placed on Community Supervision for Violent Offenses; Protecting Children §14. Substance Abuse Felony Program



§15. Procedures Relating to State Jail Felony Community Supervision



Department of Transportation before the 181st day after community supervision is granted. If community supervision is granted for an offense that includes an affirmative finding that the offense was committed due to bias or prejudice, the Offender must spend one year in TDCJ-ID for felony offenses except for murder. (Persons convicted of murder are not eligible for community supervision. A judge must establish a child safety zone for offenders convicted of certain listed offenses against children. A Judge must require an appropriate public service activity and attendance at a firearms safety course that the offender must pay for as a condition of community supervision for making a firearm accessible to a child. Offenders granted community supervision for a family violence offense may be required to attend counseling sessions or a battering intervention and prevention program (BIPP) if available that meets TDCJ-CJAD guidelines. A court may require placement in a substance abuse treatment facility operated by the TDCJ as a condition of community supervision for a period of not more than a year or less than 90 days for Offenders with offenses other than indecency, sexual assault, aggravated sexual assault or an attempt to commit one of those offenses. The Court must find that drug or alcohol significantly contributed to the offense or supervision violation, and that the offender is a suitable candidate for treatment according to criteria established by the TBCJ under section 493.009(b). Offenders with certain state jail substance abuse offenses must comply with substance abuse treatment conditions that are consistent with TDCJCJAD best practices standards adopted by the TBCJ, unless the Judge decides that the condition is not necessary to successfully complete community supervision. A Judge may impose confinement in a state jail felony facility for not less than 90 days or more than 180 days. If the offense is a state jail drug offense, the Judge may impose confinement of not less than 90 days or more than one year. An

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§15A. Enhanced Disorderly Conduct and Public Intoxication Offenses



§16. Community Service §17. Change of Residence; Leaving the State §18. Community Corrections Facilities



§19. Fees



§20 Reduction or Termination of Community Supervision



Offender may be confined in a state jail felony facility as a modification of community supervision after a hearing for a minimum term of 90 and a maximum term of 180 days. The Judge retains jurisdiction while the Offender is in state jail and at any time after 75 days, the court on its own motion or motion of the state or defense may suspend the sentence and place the Offender on community supervision. When the sentence is suspended and a Judge orders an Offender returned to supervision, the court may request a copy of the Offender’s state jail felony facility record. The facility director must provide the record as soon as possible to the Judge on request. The facility director is to report on the Offender’s progress every 90 days. State jail Offenders do not earn good conduct time. Defendants with enhanced disorderly conduct or public intoxication offenses may be placed on community supervision and must be required to submit to testing for addiction to alcohol or controlled substances; psychological assessment; and if indicated participate in a treatment or education program and pay for the assessment, treatment or education costs. The Court may require Defendants to perform a certain number of hours based on the offense of community service. Offenders may change their instate residence with the Court’s consent. Anyone who leaves the state without consent is a fugitive. Community Corrections Facilities are defined in Section 509.001, Tex. Gov’t Code. A defendant may be confined in a community corrections facility as a condition of community supervision for a term of not more than 24 months. Supervision fees of not less than $25 or more than $60.00 may be assessed. The funds are deposited in a special fund of the county treasury to be used for the same purposes as state aid under Chapter 76, Tex. Gov’t Code. An inability to pay a fee assessed by the court is an affirmative defense to revocation based solely on nonpayment. A judge may reduce or terminate the period of community supervision at any time after the defendant has satisfactorily complete one-third of

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§21. Violation of Community Supervision: Detention and Hearing



§22. Continuation or Modification



§22A. Extending Supervision Period for Sex Offenders §23. Revocation



§24. Due Diligence Defense



the community supervision period or two years, whichever is less. Any officer with the power to arrest may arrest an Offender on a community supervision violation warrant issued by a Judge. A person may be released until he can be brought before the Judge. If the defendant has not been released on bail, on motion by the defendant, the Court must have a hearing within 20 days of the filing of the motion and must decide at the hearing whether to continue, extend, modify, or revoke the community supervision. A defendant in a penal institution may be revoked without a hearing, if the defendant waives this right in writing. A defendant has a right to counsel and the court has jurisdiction to hold a hearing after the period has expired, if before expiration, a motion to revoke was filed and a capias issued for the defendant’s arrest. The judge may impose appropriate conditions after a hearing on a suspected community supervision violation. A period of community supervision may be extended. Community supervision for sex offenders can be extended 10 additional years. There can be an extension of the period of community supervision under this section and under section 22. Persons may appeal revocation of community supervision and sentencing to TDCJ-ID. If revoked, no part of the time spent on community supervision counts towards the sentence Failure of a community supervision officer, peace officer, or other officer with the power of arrest under a warrant issued by a judge to contact or attempt to contact the offender in person at the defendant’s last known address or place of employment is an affirmative defense to revocation for failure to report or remain in a specified place.



HEALTH & SAFETY CODE CHAPTER 614. TEXAS HEALTH AND SAFETY CODE TEXAS CORRECTIONAL OFFICE ON OFFENDERS WITH MEDICAL OR MENTAL IMPAIRMENTS §614.001. Definitions

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Definitions relating to the Texas Correctional

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§614.002. Composition of Committee; Duties



§614.003. Texas Correctional Office on Offenders with Medical or Mental Impairments; Director §614.0031. Training Program



Office on Offenders with Medical or Mental Impairments (TCOOMI or the Office). Establishes the 31 member Advisory Committee to the TBCJ on Offenders with Medical or Mental Impairments. The Committee advises the TBCJ and the TCOOMI Director on matters related to offenders with medical or mental impairments. The TDCJ Exec. Dir. hires the TCOOMI Director. Persons qualified for office as a member of the committee may not vote, deliberate, or be counted as a member in attendance at a meeting of the committee until the person completes a training program on the Office and other laws relating to public officials and service. Appointments are entitled to reimbursement for travel expenses to attend training. At large members serve staggered six – year terms. One-third of the terms expire on February 1 of each odd-numbered year. The governor appoints the presiding officer and the committee must meet at least 4 times a year. Provisions regarding state agency advisory committees in Chapter 2110, except for the limitation of such committees to 24 members applies to the Committee. TCOOMI determines the status of Offenders with medical and mental impairments and coordinates services for these offenders in the community. TCOOMI may maintain at least one program in a county selected by TCOOMI to use a cooperative community – based alternative system to divert from the state criminal justice system and rehabilitate mentally impaired or elderly, physically disabled, terminally ill, or significantly ill offenders. No later than February 1, each odd-numbered year, TCOOMI must present to the TBCJ and file with the governor, lieutenant governor, and speaker of the house, a report of the Office’s activities during the preceding biennium. The committee must have a policy that allows the public to appear before the committee to speak on any issue under the jurisdiction of TCOOMI or the

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§614.004. Terms §614.005. Officers; Meetings §614.006. Applicability of Certain Government Code Provisions §614.007. Powers and Duties §614.008. Community-Based Diversion Program for Offenders with Medical or Mental Impairments



§614.009. Biennial Report



§614.0101. Public Access



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§614.0102. Complaints



§614.013. Continuity of Care for Offenders with Mental Impairments



§614.014. Continuity of Care for Elderly Offenders



§614.016. Continuity of Care for Certain Offenders by Law Enforcement and Jails



§614.017. Exchange of Information



§614.019. Programs for Juveniles



§614.020. Youth Assertive Community

Sunset Advisory Commission



committee. TCOOMI must maintain complaint files that include the results of any review and investigation. Persons who file a complaint and the subject must be provided with a copy of the complaint investigation and resolution procedures. Until resolved, the Complainant and the subject are to be notified of the status of the investigation at least quarterly, unless the notice jeopardizes an undercover investigation. The TDCJ, Tex. Dept. of Mental Health and Mental Retardation, representatives of local MHMR and CSCD Directors must adopt an MOU establishing their responsibilities to institute continuity of care and service programs for offenders with mental impairments and must actively seek federal grants. TCOOMI monitors the outcomes of the MOU. TDCJ, the Tex. Dept. of Human Services, and the Tex. Dept. of Aging must adopt an MOU to establish their duties to institute continuity of care and service programs for elderly offenders. Federal grants must be actively sought. TCOOMI, the Commission on Law Enforcement Officer Standards and Education, and the Commission on Jail Standards must adopt an MOU to establish their duties for continuity of care and service programs for offenders who are mentally impaired, elderly, physically disabled, terminally ill, or significantly ill. Certain listed entities and individuals, persons with an agency relationship with the listed entities or individuals, and persons who contract with certain listed entities or individuals must share offender information if the disclosure serves the purposes of this chapter on special needs offenders. “ Special needs offender” is defined as an individual against whom criminal charges are pending or who is in custody or supervision after conviction or adjudication. TCOOMI with other State agencies may establish programs built on successful existing programs to address prevention, intervention and continuity of care for youths with mental health and substance abuse disorders. TCOOMI may maintain an assertive community

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Treatment Program



treatment program for juveniles on probation in Tarrant County who have severe and persistent mental illness, a history of multiple hospitalizations, poor school performance, placement in emergency shelters or residential treatment facilities, or chemical dependency or abuse.

Attorney General Opinions



Attorney General Opinion No.



Impact on Agency



There were no Attorney General Opinions that materially affected TDCJ operations.

B. Provide a summary of recent legislation regarding your agency by filling in the chart below or attaching information already available in an agency-developed format. Briefly summarize the key provisions. For bills that did not pass, briefly explain the key provisions and issues that resulted in failure of the bill to pass (e.g., opposition to a new fee, or high cost of implementation). See Exhibit 14 Example or click here to link directly to the example.

Texas Department of Criminal Justice Exhibit 14: 79th Legislative Session Chart Legislation Enacted - 79th Legislative Session Bill Number HB 43 Author Y. Davis Summary of Key Provisions Requires TDCJ to test all offenders for HIV prior to release from the custody of CID and to notify the Department for State Health Services of any positive results. Requires the clerk of a court that orders the release of a defendant on discharge or on a regimen of outpatient care, following an acquittal by reason of insanity, to provide TDCJ Victim Services with the necessary victim information from the victim impact statement in order that they can make a reasonable effort to notify the victim or the victim's family. Makes it an offense to provide contraband to an inmate in, introduce contraband into, or possess contraband while confined in a correctional facility. Contraband is defined as: any item not authorized or provided by the operator of a correctional facility; or any item authorized or provided by the operator that has been altered for another use. Revises and reorganizes laws pertaining to sex offender registration and supervision. Among the more substantive requirements in the bill, TDCJ would be required to establish a risk assessment review committee of at least seven members to determine the risk level of offenders subject to registration. DPS would be required to create and distribute a guide for the

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HB 291



Goolsby



HB 549



Guillen



HB 867



Allen



June 2005



Self-Evaluation Report



determination of similar offenses from other states, the federal government and other nations and notify higher education institutions and licensing agencies of the registrants. The bill discontinues mandatory newspaper publication of sex offender notifications by local law enforcement authorities and makes it permissive for a risk level three offender. It also allows certain young adult offenders to file a petition for exemption from registration and specifies that a law enforcement authority serving as the primary registration authority for an offender must take one or more specimens to create a DNA record. Finally, the bill prohibits the Health and Human Services Commission from providing sexual performance enhancing medication to sex offenders under the Medicaid vendor drug program or any other health and human services program. HB 967 Haggerty Requires counties to provide on a standardized felony judgment form the defendant's state identification number and the incident number, if assigned. The bill also requires DPS to accept TDCJ offender identification cards as proof of identity. Expands the Fire Fighter and Police Officer Home Loan Program, a low-interest home mortgage loan program administered by the Texas State Affordable Housing Corporation, to apply to corrections officers, county jailers, public security officers and peace officers. Covers an array of subjects related to forensic analysis, including: creating the Texas Forensic Science Commission; requiring physical evidence in a criminal action to be analyzed by an entity accredited by DPS; allowing the director of DPS to collect a reasonable fee for voluntarily submitted DNA analyses; requiring offenders in TDCJ (among others) to provide DNA samples; allowing the director of DPS to remove erroneous records, samples or other information; and requiring TDCJ to notify the DPS director at least 120 days prior to the release of certain individuals from custody. Includes county court judges, along with district judges, in having responsibility for the approval of a CSCDs budget and community justice plan. The bill also: defines the duties and responsibilities of CSCD directors and judges in the operation of the CSCD; provides judicial immunity for judges for any cause of action arising out of the operation of a CSCD; and allows county court judges to avail themselves of attorney general representation in cases involving CSCD oversight. Allows TDCJ to take disciplinary action against an offender resulting in the loss of good time for refusing to provide a DNA sample. Enacts changes to the regulation of sex offender treatment providers and the treatment of sex offenders. One of the main changes in the bill is defining licensed practitioner to include only those sex offender treatment providers licensed under the Occupations Code. With this distinction, the Council on Sex Offender Treatment in effect becomes a licensing agency rather than the keeper of the sex offender treatment registry. The bill defines treatment information and provides for the transfer of such information between providers and criminal justice and law enforcement agencies. The bill prohibits a person from

132 June 2005



HB 1007



Ritter



HB 1068



Driver



HB 1326



Hope



HB 1681 HB 2036



McCall Allen



Sunset Advisory Commission



Self-Evaluation Report



HB 2077 HB 2194



Kolkhorst Madden



HB 2195 HB 2196 HB 2197 HB 2791



Madden Madden Madden Hodge



HB 2837



R. Allen



HB 2839



R. Allen



SB 679



Duncan



providing a rehabilitation service or acting as a sex offender treatment provider unless the person is listed in the registry. The Board of Criminal Justice or the Texas Youth Commission may vote to exempt employees, as appropriate, from specific licensing requirements. Finally, the bill establishes an Adult Dynamic Risk Assessment pilot program for sex offenders treated in a county with a population of one million or more. Adds wireless communications devices and components of same to the statute that makes it illegal for someone to provide an offender with or for an offender to possess a cell phone. Provides more specific requirements, including a standardized competency examination results form, for courts submitting competency information to TCOOMMI. Ensures that university health care providers can exchange confidential health care information about offenders with TDCJ. Allows TDCJ to accept surplus or salvage date processing equipment from a state agency or any other political subdivision. Clarifies that offender photographs are public information. Allows referrals to community corrections facility and drug court treatment programs under the Treatment Alternatives to Incarceration Program. Additionally, TDCJ would be required to treat individuals referred by drug court programs in Substance Abuse Felony Punishment (SAFP) facilities, and the Board of Criminal Justice would be allowed to modify the SAFP program to accommodate treating individuals at these facilities who are not on community supervision. Local judicial districts would be required to treat individuals referred by drug court programs in community corrections committee. Requires Windham to prioritize the vocational training programs for offenders that result in certification or licensure, with consideration afforded to the impact that ex-felon status has on the ability to secure such licensure or certification and ultimately, employment. The bill also requires Windham to ensure that education programs, such as GED or ESL, are integrated with an applied vocational context leading to employment. Additionally, Windham must consult with the LBB in order to compile and analyze information for each offender who received training while incarcerated, including: types of training; employment secured upon release; whether the employment secured on release was related to the training received in TDCJ; measurement of the offender's salary upon assuming the job and one year later; and the retention factors associated with such employment. TDCJ, TYC and the Workforce Commission must establish a data interface that provides information detailing certain groups of offenders released from TDCJ that might benefit from post-release Project RIO services. Allows Texas Correctional Industries to contract with a private or independent institution of higher education for the provision of goods and services and with private sector entities for the provision of services. Allows for videoconferencing between the court and a hospital for a defendant who has been committed, allowing the offender to remain in the hospital awaiting a competency hearing until 72

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SB 912



Shapiro



hours prior to the hearing. The bill also allows for time credits for a defendant's time spent in jail, in addition to a mental health facility or residential care facility. Finally, TCOOMMI is required to review examinations for competency to determine the fitness of children to proceed with respect to adjudications of delinquent conduct or conduct indicating a need for supervision. Amends the civil commitment statute to add as eligible offenses for civil commitment consideration murder and capital murder, as well as adding an attempt at committing any of the acts listed as a sexually violent offense. The bill also: authorizes the Council on Sex Offender Treatment to contract for the provision of a tracking service through the case management system; directs the Council to enter into a memorandum of understanding with DPS for assistance in preparing criminal complaints, warrants and related documents as well as in the apprehension and arrest of offenders that violate the civil commitment order; requires the council, through the case management system, to provide any supervision or tracking service required for persons residing in Dallas, Harris or Tarrant County; requires a sexual predator that has been civilly committed to reside in a Texas residential facility under contract with or approved by the council; prohibits housing a civilly committed sexually violent predator in a mental health facility unless the placement results from a commitment by government action; allows a person who is being examined for civil commitment to hire an expert at their own expense to perform an examination; and requires the council to study the ways in which sexually violent predators use the internet to meet potential victims.



Legislation Not Passed - 79th Legislative Session Bill Number HB 277 Author Farrar Summary of Key Provisions/Reason the Bill Did Not Pass Restricted registered sex offenders on community supervision, parole or mandatory supervision from residing in the same dwelling, mobile home park, apartment complex or other lodging as another sex offender without written permission from the community supervision or parole officer. Bill was left pending in the House Criminal Jurisprudence Committee. Required TDCJ to provide written notice and an official voter registration application form to an offender released from custody or supervision that the offender may be eligible to vote. Bill was left pending in the House Elections Committee. Required TDCJ to establish in-prison geriatric communities for offenders age 60 and older. TDCJ would have needed to set aside at least 800 beds in discrete housing areas and provide treatment addressing special problems of geriatric inmates. TDCJ and the Department of Aging and Disability Services were tasked with develop methods of screening and assessing offenders to determine their needs. Bill was left pending in House Corrections Committee. Added witnesses and/or close relatives of witnesses who testified

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HB 429



Dutton



HB 448



Dutton



Self-Evaluation Report



HB 488



Guillen



against a defendant, as well as the corresponding local law enforcement in the county in which the witness or relative lives, to the list of people who must be notified in the event of the defendant’s release, escape or transfer to law enforcement entity. Bill was set on the House calendar but never heard. Added prison industry workers to the intra-agency correctional officer career ladder program. Bill was left pending in House Corrections Committee. With some differences in the degree of detail in the provisions of each bill, all three bills required the Board of Criminal Justice to issue a request for proposals from private vendors for a contract to provide pay telephone services to inmates confined in TDCJ facilities. HB 574 was reported from the House Corrections Committee but never placed on the House Calendar for second reading. HB 1365 was scheduled for a meeting in House Corrections, but the meeting was cancelled. HB 1530 was not heard in House Corrections Committee. Required a judge to dismiss proceedings and discharge certain defendants from community supervision if the defendant successfully completes one-third of the original period of community supervision, unless in the judge’s opinion the best interests of the defendant and society will not be served with the release. Bill was scheduled for a hearing in House Corrections but was not heard. Created a state jail felony if a 3(g) offender absconded from parole and a warrant was issued. Bill was left pending in House Criminal Jurisprudence Committee, Allowed the Board of Pardons and Paroles to consider adjudicated sex offenders for medically recommended intensive supervision. Bill was not heard on second reading on the House floor. Allowed restoration of an offender’s good time that was forfeited as a result of a disciplinary. Bill was not set for second reading by the House Calendars Committee. Required the Board of Criminal Justice to adopt a rule allowing the possession and use of tobacco products and cigarettes. Bill did not receive a hearing in House Corrections Committee. Required TDCJ to adopt procedures that would move an offender from administrative segregation to general population after a maximum of five years. Inmates in administrative segregation on or before the effective date of the bill had to be transferred to general population within one year. Bill did not receive a hearing in House Corrections Committee. Prohibited the Commission on Jail Standards from adopting a rule that established classification requirements and minimum housing standards for any offender in a county whose paperwork was complete and was awaiting transfer to TDCJ. HB 1495 was left pending in House County Affairs Committee. SB 1236 did not receive a hearing in the Senate Criminal Justice Committee. Allowed TDCJ, under certain circumstances, to provide in-cell education to offenders in administrative segregation. Bill was left pending in House Corrections Committee. Required TDCJ to develop and implement a residential infant care and parenting program. Bill was not scheduled for second reading by the House Calendars Committee.

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HB 562



Miller



HB 574 HB 1365 HB1530



Haggerty Allen, R. Hodge



HB 575



Haggerty



HB 926



Hochberg



HB 1093



Haggerty



HB 1421



Hodge



HB 1422



Hodge



HB 1423



Hodge



HB 1495 SB 1236



Martinez Fischer Madla



HB 1529



Hodge



HB 1635



Allen, R.



June 2005



Self-Evaluation Report



HB 1643



Alonzo



HB 1661 SB 902



Martinez Fischer Whitmire



HB 1782



Madden



HB 1828



Wong



HB 1841



Raymond



HB 1858



Uresti



HB 1896



Hodge



HB 1920



Allen, R.



HB 2057 HB 2193



Coleman Madden



Required TDCJ to adopt a salary career ladder for parole officers, based upon the officer’s classification and years of service with the department. Bill was left pending in House Corrections Committee. Allowed a local magistrate to release a blue warrant violator from jail, unless the offender is convicted of a robbery offense, offense against a person or a family violence offense, and applied bail bond laws to these offenders. Also made the state liable for medical expenses and cost of incarceration for blue warrant offenders that remain in jail past the 14th day. HB 1661 was left pending in House Corrections Committee. SB 902 did not receive a hearing in Senate Criminal Justice Committee. Authorized the inspector general of TDCJ to issue an administrative subpoena to telecommunication carriers for subscriber information and/or records of telephone and other electronic communications records. Bill was left pending in House Criminal Jurisprudence. Changed the child safety zone that must be ordered as a condition of parole to 1000 feet rather than a distance determined by a parole panel. Also prohibited a panel from modifying such a condition generally and required that prior to specific modifications, each school principal or facility director within that location be notified. Required parole officers to notify principals and directors of applicable facilities at least 24 hours in advance of any allowance for a parolee to enter a safety zone. Bill was set for second reading on the House floor but was not heard. Required TDCJ to develop a policy for holding offenders in contract jail space, project the number of county jail beds available, develop policy for determining which offenders in TDCJ custody are most suitable for housing in a county facility and diminish the impact of overcrowding in TDCJ. Bill was left pending in House Corrections Committee. Required the Institutional Division and the State Jail Division of TDCJ to confine, treat and rehabilitate all offenders serving a sentence requiring sex offender registration. Bill was left pending in House Corrections Committee. Applied retroactively previously enacted legislation that gave credit for “street time” to offenders convicted of nonviolent crimes who completed at least half of their time on parole supervision prior to revocation (original legislation was effective date of 9/1/01, and applied only to revocations on or after that date). Bill was vetoed by the governor. Prescribed the development, establishment, adoption and imposition of progressive sanctions on defendants that violate standards of community supervision. Bill was scheduled for hearing in House Corrections Committee but was not heard. Required TDCJ to furnish condoms to offenders. Bill was left pending in House Corrections Committee. Made numerous changes to the statutes that govern the operation of community supervision and deferred adjudication. Among those changes were: required a judge to give a pre-trial defendant sentence credit for jail time or time spent in a court-ordered residential program or facility; established that the maximum term of community supervision for a 3(g) offense, a registerable sex offense or any first or second degree felony was ten years; established that the maximum

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term of community supervision for a third degree felony, other than a 3(g) offense or a registerable sex offense, was five years; eliminated the five year minimum term of community supervision for certain sex offenses against children; authorized juries to recommend community supervision for a person being tried for a state jail felony offense, other than those offenses for which the sentence was automatically probated; made the offense of murder ineligible for community supervision from a jury; established that the maximum term of deferred adjudication community supervision for a 3(g) offense, a registerable sex offense or any other first or second degree felony was ten years and for a third degree felony other than a 3(g) or registerable sex offense was five years; provided that a judge, under certain circumstances, could credit against the time a state jail felon was required to serve time served in a county jail or a court-ordered residential program or facility; required a judge to credit any time served after sentencing against time a defendant was subsequently required to serve in a state jail facility after revocation; permitted a judge to order a defendant to participate in a community service program as a condition of supervision; required a judge to review a defendant's record after a defendant completed one half of the original supervision period for the purpose of possibly reducing or terminating the supervision, unless the defendant was delinquent in paying fees or fines or had not completed court-ordered counseling or treatment; required a judge to review the record of a defendant that was found delinquent in paying fees or had not completed counseling or treatment not later than twelve months from the time the defendant corrects the delinquency; provided that a judge could not terminate supervision solely on a defendant's inability to pay fees; provided that an offender on regular community supervision for a 3(g) offense, intoxication offense or a registerable sex offense was ineligible for early termination of community supervision; allowed the court to extend the term of community service upon a showing of good cause; allowed a judge, upon revocation of a defendant's community supervision, to credit certain time served as a condition of community supervision; assessed a $50 court cost for persons convicted of an intoxication or drug offense to be used to fund drug courts; allowed a successful participant in a drug court program, under certain conditions, to receive an order of nondisclosure; required the commissioners court of a county with a population of more than 200,000 to establish a drug court program; required CJAD to establish a pilot program that provided grants to certain CSCDs for the implementation of a system of progressive sanctions designed to reduce the community supervision revocation rate; and authorized CSCDs to accept credit cards from defendants for the payment of fines, fees, costs and restitution. Bill was vetoed by the governor. HB 2360 Allen, R. Required TDCJ to establish a pilot project to examine the feasibility and effectiveness of contracting commissary operations in not fewer than five facilities operated by or under contract with TDCJ. Bill was scheduled for hearing in House Corrections Committee but not heard. A health and human services bill, a portion of which affected TDCJ. Established governmental liaisons for faith- and community-based initiatives and required the executive directors of numerous agencies, including TDCJ to designate one employee as the liaison. Bill was set for second reading on the House floor but not heard. Directed CJAD to establish a program and provide grants to selected

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HB 2479



Delisi



HB 2838

June 2005



Allen, R.



Self-Evaluation Report



HB 3072 SB 938



Turner, S. West



HB 2904



Haggerty



HB 2905



Haggerty



HB 3026 HB 3109 SB 1723



Rodriguez Burnam Gallegos



HB 3216



Coleman



HB 3217



Coleman



HB 3267 SB 1237



Straus Madla



HB 3390 SB 491



Hamric Janek



HB 3396 HB 3456 SB 1201



Gallego Deshotel Ellis



SB 279



Gallegos



CSCDs for the implementation of a system of progressive sanctions designed to reduce the revocation rate of defendants placed on community supervision., with priority given to those CSCDs serving counties exceeding the statewide revocation average. HB 2838 was left pending in House Corrections. HB 3072 was left pending in House Corrections Committee. SB 938 was not scheduled for second reading by the House Calendars Committee. Allowed the Board of Pardons and Paroles to consider convicted or adjudicated sex offenders for medically recommended intensive supervision. Bill did not receive a hearing in House Corrections. Required TDCJ to enter a contract with a private vendor to install electronic water conservation devices for toilets, sinks and showers in at least 15 correctional facilities. Bill did not receive a hearing in Senate Criminal Justice Committee. Prohibited TDCJ from requiring a correctional officer to work more hours in a week than the hours in a normal work week for the majority of other TDCJ employees. HB 3026 did not receive a hearing in House Corrections Committee. HB 3109 did not receive a hearing in House Corrections Committee. SB 1723 was not rescheduled for a hearing in Senate Criminal Justice Committee following cancellation of the first hearing. Required TDCJ to provide a deceased offender’s next of kin with eight hours from the actual notice of death to object to an autopsy. Bill was left pending in House Corrections Committee. Required the TDCJ executive director to file an annual report with the Board of Criminal Justice regarding how many assaults on inmates by employees were referred to which county officials, along with the date, substance and disposition of each referral. Bill was left pending in House Corrections Committee. Required that a sentenced offender that is eligible for bail and files an appeal still be sent to prison but still be eligible for bail rather than losing that eligibility upon going to prison.. HB 3267 did not receive a hearing in House Criminal Jurisprudence Committee. SB 1237 did not receive a hearing in Senate Criminal Justice Committee. Exempted the Harris County CSCD from being required to participate in the Employment Retirement System benefits program. HB 3390 did not receive a hearing in House Pensions and Investments Committee. SB 491 did not receive a hearing in Senate Intergovernmental Relations Committee. Prohibited the use of pancuronium bromide during an execution. Bill was left pending in House Criminal Jurisprudence Committee. Required agencies with 1000+ employees to establish a civil rights office with a director that reports directly to the head of the agency and that has exclusive responsibility for investigating and ruling on the merits of an informal complaint of employment. HB 3456 was left pending in House Government Reform Committee. SB 1201 did not receive a hearing in House State Affairs Committee. Restricted a registered sex offender on community supervision, parole or mandatory supervision from residing in the same dwelling, mobile home park, apartment complex or other lodging as another sex offender without the written permission of the parole or community supervision officer. Bill did not receive a hearing in Senate Criminal Justice Committee.

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SB 548



Ellis



SB 694



Ogden



SB 695



Ogden



SB 756



Ogden



SB 1007



Harris



SB 1119



Estes



SB 1265 HB 2363



Whitmire Haggerty



SB 1651 HB 2854



Staples Uresti



Required the Board of Pardons and Paroles to meet as a body at the correctional unit where an offender is housed or through participation in a teleconference or videoteleconference call to address inmate clemency matters. Allowed the inmate’s attorney or other person representing the inmate as well as any person representing the family of the victim to make a presentation to the board. Required the presiding officer of the Board of Pardons and Paroles to publicly announce individual members decisions as to whether to recommend clemency. Bill was left pending in House Corrections Committee. Required the Texas Correctional Office on Offenders with Medical and Mental Impairments to notify the state prosecuting attorney’s office prior to presenting a medically recommended intensive supervision case to the Board of Pardons and Paroles. Bill did not receive a hearing in Senate Criminal Justice Committee. Expanded sanction of loss of good conduct time for frivolous lawsuits to include writs of habeas corpus. Bill was left pending in House Corrections Committee. Required a parole panel to notify certain local, county and district officials prior to considering an offender for release or releasing an offender to medically recommended intensive supervision. Required the Parole Division to notify certain local, county and district officials no later than the eleventh day after the Board of Pardons and Paroles recommended the governor grant executive clemency. Bill was scheduled for a hearing in House Corrections Committee but was not heard. Allowed a judge to sentence an offender to a term not to exceed 180 days in the TDCJ boot camp as a reasonable condition of deferred adjudication community supervision. Required TDCJ-CID to report certain information to the court on the 76th day following an offender’s placement in the program. Bill did not receive a hearing in Senate Criminal Justice Committee. Required TDCJ to contract with a private vendor to operate a facility in Mexico, housing Mexican nationals, and permitted the waiver of statutory standards for inapplicable private prison contracts. Bill did not receive a hearing in Senate Criminal Justice Committee. Mandated that a sample or specimen taken as part of a test for controlled substances required of a defendant placed on community supervision must be analyzed by a laboratory that is certified by the Substance Abuse and Mental Health Services Administration of the United States Department of Health and Human Services. SB 1265 was left pending in House Criminal Jurisprudence Committee. HB 2363 did not receive a hearing in House Corrections. Created an office of inspector general within a number of state agencies to conduct investigations, inspections and other reviews. SB 1651 did not receive a hearing in House State Affairs Committee. HB 2854 did not receive a hearing in House State Affairs Committee.



IX. Policy Issues

The purpose of this section is to briefly describe any potential issues raised by your agency, the Legislature, or stakeholders that Sunset could help address through changes in statute to improve your agency's operations and service delivery. This section is intended to give the Sunset Commission a basic understanding of the

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issues so staff can collect more information during our detailed research on your agency. Some questions to ask in preparing this section may include: (1) How can your agency do a better job in meeting the needs of customers or in achieving agency goals? (2) What barriers exist that limit your agency=s ability to get the job done? Emphasis should be given to issues appropriate for resolution through changes in state law. Issues related to funding or actions by other governmental entities (federal, local, quasi-governmental, etc.) may be included, but the Sunset Commission has no authority in the appropriations process or with other units of government. If these types of issues are included, the focus should be on solutions which can be enacted in state law. This section contains three components: Brief Description of Issue. Background. Include enough information to give context for the issue. Information helpful in building context includes: ● ● ● ● What specific problems or concerns are involved in this issue? Who does this issue affect? What is the agency=s role related to the issue? Any previous legislative action related to the issue?



Possible Solutions and Impact. Provide potential recommendations to solve the problem. Feel free to add a more detailed discussion of each proposed solution, including: ● ● ● ● ● ● How will the proposed solution fix the problem or issue? How will the proposed change impact any entities or interest groups? How will your agency's performance be impacted by the proposed change? What are the benefits of the recommended change? What are the possible drawbacks of the recommended change? What is the fiscal impact of the proposed change?



Complete this section for each policy issue. Copy and paste boxes A through C as many times as needed to discuss each issue. See Policy Issue Example or click here to link directly to the example.



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A.



Brief Description of Issue



Texas Correctional Industries (TCI) may sell products and services to governmental agencies and private or independent institutions of higher education. However, TCI cannot sell products and services to nonprofit organizations that provide services to the general public and enhance social welfare and the general well-being of the community, nor can TCI sell products and services to private primary and secondary schools.

B. Discussion



The statutory restrictions which preclude TCI sales to nonprofit organizations and private primary and secondary schools limit the department’s customer base and inmate work opportunities while preventing those entities from taking advantage of a cost-effective contracting option. § 497.022(2) Government Code, as amended by HB 2839, 79th Regular Session, provides that the Department of Criminal Justice may sell products and services to private or independent institutions of higher education, but not to private or independent primary and secondary educational institutions. The Local Government Code, § 351.201(b)(3)(B) gives county jail industries programs the authority to provide articles and products to nonprofit organizations that provide services to the general public and enhance social welfare and the general well-being of the community, but no similar statute provides TCI authority similar authority. The federal government allows state prison industries to sell prison-made goods to not-for-profit organizations under 18 USC 1761(b). HB 1273, 78th Regular Session allowing the department to contract with certain nonprofit corporations, private primary or secondary schools, or a private or independent institution of higher education, received a public hearing and was left pending in the House Corrections Committee. HB 2839, 79th Regular Session will become law 1 September, 2005 allowing the department to provide products and services to a private or independent institution of higher education.



C.



Possible Solutions and Impact



Amend the statutes to provide for the department to contract with nonprofit organizations that provide services to the general public and enhance social welfare and the general well-being of the community. In addition, amend state law to permit contracting with private primary or secondary schools. The fiscal impact would be positive for the state as the expanded customer base would enable TCI to increase revenues. The fiscal impact to units of local governments and non-profit corporations would be positive as they would benefit from another contracting option. The

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impact on the inmate population would be positive as additional productive labor opportunities would be available. It should be noted that any expansion of contracting opportunities for TCI places the department in competition with private sector vendors currently providing similar goods and services to organizations that TCI is prohibited from serving. Those vendors may have concerns about competing with goods and services produced via inmate labor.



A.



Brief Description of Issue



Prison inmates are prohibited by statute from possessing certain types of contraband, including cell phones and other types of electronic communications devices which may be used in communications involving continuing criminal activity or planning for an escape. Once an illegal cell phone is seized, timely access to subscriber information is an important part of the criminal investigation, yet subscriber information is difficult to obtain. B. Discussion



Currently, a Grand Jury Subpoena must be obtained in order for the Office of Inspector General to obtain subscriber information from the communication common carriers. This may require the intervention of the Special Prison Prosecution Unit or the local District Attorney as well as the local Grand Jury or its foreman. If the county does not have a sitting Grand Jury at the time a subpoena, obtaining a subpoena becomes more difficult. Furthermore, the process can be logistically cumbersome given the possibility of numerous locations involved. The Department of Public Safety uses an administrative subpoena process to obtain subscriber information, thereby eliminating the necessity of the more time consuming process involving a grand jury subpoena. House Bill 1782, 79th Regular Session, would have authorized the Office of Inspector General issue administrative subpoenas for telecommunication records. The bill received a hearing in the House Criminal Jurisprudence Committee but remained pending in committee. C. Possible Solutions and Impact



Authorize the Office of Inspector General to issue administrative subpoenas for telecommunication records in order to expedite the investigatory process. There will be no fiscal impact resulting from this proposal.



A.



Brief Description of Issue



Prison inmates are prohibited by statute from possessing certain types of contraband, including cell phones and other types of electronic communications devices which may be used in communications involving continuing criminal activity or planning for an escape. Detecting cell phone use within the

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prison environment is an important part of the agency’s enforcement efforts; however the Office of Inspector General lacks authority to conduct the most effective surveillance activities such as locating and intercepting unauthorized transmissions emanating from prison facilities. B. Discussion



Security staff and even other offenders discover cell phones during routine searches or as abandoned property or through direct observation and subsequent surrender of the devices by offenders. However, the ability to utilize equipment which can detect and intercept unauthorized electronic communications would further enhance enforcement and prosecution. House Bill 864, 78th Legislature, made it a criminal offense for a TDCJ offender to possess a cell phone or an individual to provide a TDCJ inmate with a cell phone. House Bill 2077, 79th Legislature, broadened the state law which made it a criminal offense for a TDCJ inmate to possess a cell phone or an individual to provide a TDCJ inmate with a cell phone to include other types of electronic communications devices. C. Possible Solutions and Impact



Authorize OIG to conduct surveillance activities such as detection and interception of unauthorized electronic communications from TDCJ facilities and to possess and utilize the equipment necessary to accomplish these tasks, thereby enhancing enforcement and prosecution offenses related to cell phone possession. There would be no fiscal impact resulting from this proposal.



A.



Brief Description of Issue



Although licensed peace officers employed by the Texas Department of Criminal Justice report to the Inspector General, who is selected by and reports to the Board of Criminal Justice, the authority to issue commissions to peace officers resides with the Executive Director. B. Discussion



State law (Sec. 493.019 Government Code) provides for the TDCJ executive director to appoint appropriately certified individuals as commissioned peace officers. Since this statute was originally enacted, the Board of Criminal Justice created the Office of Inspector General. All commissioned peace officers employed by the agency report to the Inspector General, who reports directly to the Board. Consequently the Executive Director issues the commission for a peace officer who has a separate chain of command. C. Possible Solutions and Impact



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Transfer the authority to commission peace officers within the Texas Department of Criminal Justice from the Executive Director to the Inspector General in order to better reflect the agency’s organizational structure. There will be no fiscal impact resulting from this proposal. A. Brief Description of Issue



Current law providing for the release of offenders with serious medical conditions to Medically Recommended Intensive Supervision does not apply to state jail inmates.

B. Discussion



The Medically Recommended Intensive Supervision program (508.146 Government Code) provides a process for the release to supervision of offenders who, because of their significant medical issues, do not pose a threat to public safety. TCOOMMI facilitates the release process by gathering necessary information and is coordinates the continuity of care for these offenders. The Board of Pardons and Paroles makes the release decision and the Parole Division provides parole supervision. A similar process does not exist for offenders sentenced to the state jail system. Consequently the responses to requests for release of state jail felons due to medical conditions vary greatly from jurisdiction to jurisdiction.

C. Possible Solutions and Impact



Amend current statutes to create a uniform process that permits the early release from state jail of offenders who pose no risk to public safety due to their medical condition. The fiscal impact of this proposal cannot be determined. However, the process will facilitate the release of offenders who because of their serious medical conditions pose no threat to public and who require expensive medical treatment. Once released, however, these offenders become eligible for federal Medicaid benefits, thereby reducing the cost to the state of Texas for their medical care. Judges and prosecutors may have a significant interest in this proposal, as in lieu of the varying processes which currently exist from jurisdiction to jurisdiction, it would provide a uniform process to consider releases from state jail due to medical conditions. Groups representing the rights of victims rights may also have an interest in this proposal, but since the proposal involves state jail felons with serious medical conditions serving time for property and drug offenses, these groups’ interest may not be significant.

A. Brief Description of Issue



The Texas Correctional Office on Offenders with Medical and Mental Impairments is not notified when the Department of State Health Services about the pending release of a client who

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was previously found not guilty by reason of insanity (NGRI).



B.



Discussion



Individuals accused of both violent and nonviolent crimes are sometimes found NGRI and are consequently admitted to state hospitals for confinement and treatment. Upon a medical determination that treatment has been successful, the individual may be released from confinement. Recently enacted statutory provisions for post-release treatment and supervision for NGRI defendants (SB 837, 79th Regular Session) provides no notification process for local Community Supervision and Correction Departments or TCOOMMI. As a result no pre-release planning for service or supervision strategies is possible. Advance notice would assist in the development of a comprehensive treatment and supervision plan for the courts. In particular, when the released individual previously committed a violent act, pre-release planning would enhance public safety.

C. Possible Solutions and Impact



Require the Department of State Health Services (DSHS) to notify TCOOMMI at the same time the courts are notified of a pending release of a client who was previously found not guilty by reason of insanity (NGRI). Although the Department of State Health Services would have an additional administrative responsibility to notify TCOOMMI of a pending release, no significant fiscal impact is anticipated as a result of this proposal.



X. Other Contacts

A. Fill in the following chart with updated information on people with an interest in your agency, and be sure to include the most recent e-mail address.

(Agency Name) Exhibit 15: Contacts INTEREST GROUPS (groups affected by agency actions or that represent others served by or affected by agency actions) Group or Association Name/ Contact Person AFSME / Brian E. Olson Address Barrett Building 1314 10th Street Suit 230

145



Telephone 936-295-5265



E-mail Address afscme7@wt.net



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Huntsville, TX 77342 AIDS Foundation of Houston / Kelly McCann Bikers Against Child Abuse / Terri Lindgren Children’s Advocacy Centers of Texas / Rose Martinez Concerns of Police Survivors / Stephanie Duplantis Crime Prevention Institute / Laura Smith Crisis Intervention Unit – Midland / Phyllis Peek Sue Slaton - Weiss Disabled Crime Victims Assistance, Inc. / Wanda Page Families of Murder Victims / Yolonda Sager Girl Scouts of America / Julia Cuba Justice for All / William Hubbarth MADD-TX State Office / Reita Hill Midland Rape Crisis and Childrens Advocacy Center / Elaine Barnes Montgomery County Women’s Center / Nancy Harrington Montrose Counseling Center / Michael Migura Mothers Against Teen Violence / Myra Anderson People Against Violent Crime / Sebastian Sarate Restorative Justice Network / David Valentine Texans for Equal Justice / Janice Sager Texas Association Against Sexual Assault / Melissa Ramirez Texas Association of Second Harvest Food Bank (TASHFB) / Gaylin Bailey Texas Court Appointed Special Advocate / Marlbel Bowles Texas District & County Attorneys Association / Jill Hargrove Texas Equal Access to Justice Foundation / Betty Balli Torres Texas Inmate Families Association / Dr. Joan Burnham

Sunset Advisory Commission



3202 Weslayan / Annex Houston, Texas P.O. Box 19757 Austin, Texas 78760 12325 Hymeadow Dr., Ste. 1-200 Austin, Texas 78750-1861 867 Celeste Lane Keller, Texas 76248 Austin TX 3122 Tealwood Midland, Texas 79705 2501 Parkview Dr. Fort Worth, Texas 76102 394 Firwood Place Plano, Texas 75080 12012 Park Thirty-Five Circle Austin, TX 78753 5524 Bee Caves Road, Ste. B-4 Austin, Texas 78746 1010 Jasper #3 Killeen, Texas 76542 P.O. Box 10081 Midland, Texas 79702 P.O. Box 8666 The Woodlands, Texas 77387 701 Richmond Houston, Texas 77006-5551 P.O. Box 13547 Austin, Texas 78711 1033 La Posada Drive, #305 Austin, Texas 78752 1229 Ave. J Huntsville, TX 77340 P.O. Box 241 Willis, Texas 77378 7701 N Lamar Ste 104 Austin, Texas 78752 4388 West Vickery Blvd. Fort Worth, TX 76107 800 Brazos, Ste. 710 Austin, Texas 78701 P.O. Box 540 Belton, Texas 76513 P.O. Box 12886 Austin, Texas 78711 3710 Cedar Street #213 Austin, Texas 78758

146



713-623-6796 512-601-2734 512-258-9920 817-337-5020 512-502-9704 432-638-8637 432-688-8909 817-338-0220 972-669-9209 512-453-7391 512-288-7317 254-690-6233 432-682-7273 281-292-4155 713-529-0037 512-424-6698 512-453-5771 (936) 291-3441 936-441-4711 512-474-7190 817-735-9292



mccannk@AFHouston.org glider@austin.rr.com martinez@cactx.org metroplex@texascops.org



libra@apex2000.net ciusue@apex2000.net dcva@sbcglobal.net crazyhawk29@aol.com



osohub@austin.rr.com maddvoca@earthlink.net elainebcac@aol.com N.Harrington@mcwcthewoodl ands.org education@montrosecounselin gcenter.org www.cindy.weisinger@tjpc.sta te.tx.us pavc@ev1.net



tej@texansforequaljustice.org mramirez@taasa.org



512-473-2627 254-933-5232 512-320-0099 512-371-0988



mbowles@texascasa.org jill.hargrove@co.bell.tx.us bbtorres@txiolta.org jburnham@tifa.org



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The Lamp of Hope Project / Karen Sebung – Ferreia The Shaken Baby Alliance – Texas State Chapter / Bonnie Armstrong TX C.U.R.E. / David Paredes We Will Not Forget S.A.J.E. / Barbara Ayres Women’s Advocacy Project / D’An Anders



P.O. Box 305 League City, Texas 77574-0305 P.O. Box 150734 Fort Worth, Texas 76108 P.O. Box 1176 Burleson, Texas 76097 P.O. Box 4430 Austin, Texas 78765 P.O. Box 833 Austin, Texas 78767



281-334-6543 817-279-1166 210-531-9488 512-450-1651 512-476-5386



karen@lampofhope.org info@shakenbaby.com txcure@txcure.org Barbara@saje.org anders@women-law.org.



INTERAGENCY, STATE, OR NATIONAL ASSOCIATIONS (that serve as an information clearinghouse or regularly interact with your agency) Group or Association Name/ Contact Person ACLU of Texas / Ann de Llano Address Telephone 512-478-7309 214-634 9810 ext. 107 301-918-1841 859-244-8203 800-245-3321 306-265-7785 573-796-2113 301-589-9383 301-589-9383 936-730-3746 202-514-3173 409-835-8506 512-454-3706 ext. 203 254-776-9227 773-880-1460 800-995-6423 708-237-4400 800-416-8086 nlectc@du.edu jrusso@du.edu Seeta.Sookdeo@Usdoj.gov bestjudge@aol.com denise.brady@mhatexas.org mdutton@hot1.net www.ncchc.org gkeiser@bop.gov E-mail Address delllano@earthlink.net ddixon@arcdallas.org ericl@aca.org cwicklun@csg.org www.cfenet.com www.inspectorsgeneral.org gdh@aol.com



P.O. Box 12905 Austin, Texas 78711 ARC of Texas / Drew Dixon 12700 Hillcrest, Suite 200 Dallas, Texas 75230 American Correctional Association / 4380 Forbes Blvd. Eric Lane Lanham, Maryland 20706-4322 American Probation and Parole P.O. Box 11910 Association / Carl Wicklund Lexington, Kentucky 40578-1910 Association of Certified Fraud 716 West Ave Examiners Austin, Texas 78701 Association of Inspectors General 320 Chestnut Street Philadelphia, Pennsylvania 19106 Association of Paroling Authorities Box 211 International / Gail Hughes California, Missouri 65018 Center for Effective Public Policy / 8403 Colesville Road, Ste 720 Tom Talbot Silver Springs, Maryland 20910 Center for Sex Offender Mangement 8403 Colesville Road, Ste 720 / Madeline Carter Silver Springs, Maryland 20910 Immigration and Customs P.O. Box 237 Enforcement / John McPhail Huntsville, Texas 77340 International Prison Transfer John C. Keeney Bldg, 12th Floor Program / Seeta Sookdeo Washington, DC 20530 Judicial Advisory Council / P.O. Box 3707 Honorable Larry J. Gist Beaumont, Texas 77704-3707 Mental Health Association of Texas 8401 Shoal Creek / Denise Brady Austin, Texas 78757 National Alliance for the Mentally 400 Broughton Drive Ill / Maurice Dutton Waco, Texas 76712 National Commission on 1145 West Diversey Parkway Correctional Health Care Chicago, Illinois 60614 National Institute of Corrections / 320 First Street, N.W. George Keiser Washington, DC 20534 10330 S. Roberts Road National Insurance Crime Bureau Palos Hill, Illinois 60465 National Law Enforcement and 2050 Iliff Avenue Corrections Technology Center / Joe Denver, CO 80280 Russo



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National White Collar Crime Center Office of Texas State Chemist Feed and Fertilizer/various field inspectors Regional Organized Crime Information Center / Don Grote Task Force of Indigent Defense / James D. Bethke Texas Association of Drug Court Professionals / Montie Morgan Texas Center for the Judiciary / Mark Bickett Texas Corrections Association / Doug Dretke Texas Council on Family Violence / Sheryl Cates Texas Criminal Defense Lawyers Association / Joseph Martinez Texas District & County Attorneys Association / Jill Hargrove / Robert Kepple Texas Probation Association / Fred Rangel



7401 Beaufont Springs Dr. Ste 300 Richmond, Virginia 23225 P. O. Drawer 3160 Reed McDonald Bldg. College Station, Texas 77841 545 Marriott Drive, Ste 850 Nashville, Tennessee 37214 205 West 14th Street Suite 600 Austin, Texas 78711-2066 Jefferson County CSCD 820 Neches Beaumont, Texas 77701-3428 1210 San Antonio, Suite 800 Austin, Texas 78701 TDCJ – CID P.O. Box 99 Huntsville, Texas 77342 P.O. Box 161810 Austin, Texas 78716 1707 Nueces St. Austin, Texas 78701-1107 P.O. Box 540 Belton, Texas 76513



800-221-4424 979-845-1121



www.nw3c.org



512-936-2066 409-951-2200 512-482-8986 936-437-2170 512-794-1133 512-478-2514 254-933-5232 512-474-2436 936-633-7642 512-854-9079 512-825-9070 713-221-5400 202-514-2195 254- 750-1570 936-295-7771



FairDefense@courts.state.tx.us mmorgan@co.jefferson.tx.us mkbickett@yourhonor.com djdretke@tdcj.state.tx.us SCates@TCFV.org jmartinez@tcdla.com jill.hargrove@co.bell.tx.us kepple@tdcaa.com rangel@angelinacounty.net ellen@travis.co.tx.us prayfield@austin.rr.com rvarela@bop.gov



Angelina County CDCD P.O. Box 908 Lufkin, Texas 75902-0908 Travis County District Attorney / P.O. Box 164046 Ellen Halbert Austin, Texas 67616 Travis County Reentry Roundtable P.O. Box 82507 Planning Council / Penny Rayfield Austin, Texas 78708 United States Department of Justice / 1200 Texas Avenue Rufino Varela Houston, TX 77002 United States Department of Justice / 950 Pennsylvania Ave. NW Civil Rights Division Washington, DC 20530 United States Marshal’s Office / 800 Franklin Ave. Chris Casson Waco, TX 76701 USDA – FSA Service Center / Farm Service Agency County Executive Director / 2 Financial Plaza Stephanie Wilson Huntsville, Texas 77340-3555



chris.casson@usdoj.gov Stephanie.wilson@tx.usda.gov



LIAISONS AT OTHER STATE AGENCIES (with which your agency maintains an ongoing relationship, e.g., the agency=s assigned analyst at the Legislative Budget Board, or attorney at the Attorney General=s office) Agency Name/Relationship/ Contact Person Correctional Managed Health Care Federal Bureau of Investigations / Supervisory Special Agent / Art Fierro Legislative Budget Board Andy MacLaurin

Sunset Advisory Commission



Address 1300 11th Street Suite 415 Huntsville, Texas 77340



Telephone 936-437-1972



E-mail Address cmhc@cox-internet.com Art.fierro@swern.gov



P.O. Box 12666 Austin, TX

148



512-463-8540



andy.maclaurin@lbb.state.tx.us



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Office of the Attorney General / Juvenile Crime - Robert Martinez Communications - Angela Hale Michelle Burman Law Enforcement Defense Division – David Talbot Post Conviction Litigation – Gena Bunn Office of the Governor / Budget, Planning, and Policy-Janna Burleson Press Office – Kathy Walt Texas Film Commission Social Security Administration / Doretha Towson Special Prosecution Unit / Gina DeBottis State Comptroller’s Office / SPRS (Payroll) Liaison / Melaney Goebel State Office of Risk Management / Joe Deering Assessment & Loss – Mike Hay Workers Compensation–Keith Stone Texas A&M University Pat Barrett Staff Veterinarian / Dr. Derry Magee Texas Board of Pardons and Paroles



209 W. 14th Street Austin, Texas 78701



512-463-3091 512-463-2191 512-463-3091 512-463-2080 512-463-2100



Robert.Martinez@oag.state.tx. us Angela.Hale@oag.state.tx.us Michelle.Burman@oag.state.tx .us David.talbot@oag.state.tx.us Gena.bunn@oag.state.tx.us jburleson@governor.state.tx.us Kathy.Walt@governor.state.tx. us



P.O. Box 12428 Austin, Texas 78701 300 North Green Street Baltimore, Maryland 21201 340 Hwy. 75 North, Suite A Huntsville, Texas 77320 PO Box 13528, Capitol Station Austin, Texas 78711-3528 P.O. Box 13777 Austin, Texas 78711-3777 301 Tarrow, Suite 364 College Station, Texas 77840-7896 P.O. Box 13401 Austin, Texas 78711 P.O. Box 13047 1711 San Jacinto Blvd. Austin, Texas 78711



512-463-1958 512-463-1826 512-463-9200 410-966-9649 936-291-2369 512-936-2095 512-936-1568 512-936-1571 512-475-1440 979-845-2595 979-845-7954 512-936-6351



GDebottis@sputexas.com melaney.goebel @cpa.state.tx.us joe.deering@sorm.state.tx.us mike.hay@sorm.state.tx.us keith.stone@sorm.state.tx.us pat.barrett@teexmail.tamu.edu dmagee@cvm.tamu.edu



Texas Building and Procurement Commission Executive Director – Cindy Reed Procurement Manager -Christopher Burton HUB Manager – Stephanie Richmond State Lease Officer – Gregg Werkenthin Texas Commission on Jail Standards P.O. Box 12985 / Beverly Scott Austin, Texas 78711 P.O. Box 13528 Texas Comptroller of Public Austin, Texas 78711-3528 Accounts - Katrina Burch , Appropriation Control Officer Texas Department of Aging and Disability Services / Deborah Brookshire Texas Department of Insurance / Belinda Ambrose Texas Department of Licensing & Regulation / Gary Olivares Texas Department of Public Safety / Public Information - Tela Mange Vicki Norris Texas Department of Public Safety –

June 2005



512-463-3387 512-463-3420 512-475-2414 512-463-0909 512-463-8852 512-936-6671 christopher.burton@tbpc.state.t x.us stephanie.richmond@tbpc.state .tx.us Gregg.werkenthin@thpc.state.t x.us beverly.scott@jcjs.state.tx.us katrina.burch@cpa.state.tx.us



501 West 51st Street Austin, Texas 78756 P.O. Box 149221 Austin, Texas 78714-9221 920 Colorado Street Austin, Texas 78701 5805 North Lamar Austin, Texas 78752 12230 West Road

149



512-438-4798 512-627-7393 512-463-3519 512-424-2080 512-424-5043



Deborah.brookshire@dads.stat e.tx.us belinda.ambrose@tdi.state.tx.u s gary.olivares@license.state.tx. us tela.Mange@txdps.state.tx.us vicki.norris@txdps.state.tx.us rick.muniz@txdps.state.tx.us

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Houston / Special Crimes – Rick Muniz Texas Department of Public Safety Texas Rangers / Brian Wells Texas Department of State Health Services / Director of Meat Safety-Dr. Lee Jans Deborah Marlow Council on Sex Offender Treatment – Allison Taylor Dave Wanser Community Mental Health & Substance Abuse – Mike Maples Texas Department of Transportation / Glen Hagler Texas Forest Service / David Hamrick Texas Juvenile Probation Commission / Vicki Spriggs Texas Park and Wildlife / Alfonso Campos Texas Railroad Commission / Bill Meyer Texas State Fire Marshal’s Office / Belinda Ambrose



Houston, Texas 77065 501 IH 45 Route 10, Box 210 Huntsville, Texas 77320-8419 2201 Donley Suite 200 Austin, TX 78758 281-517-1430 936-295-1663 rangers@txdps.state.tx.us



512-719-0205 512-719-0232 512-834-4530 512-206-5000 512-206-5968 512-374-5402



deborah.marlow@tdh.state.tx.u s csot@dshs.texas.state.tx.us dave.wanser@dshs.state.tx.us michael.Maples@dshs.state.tx. us



301 Tarrow, Suite 364 College Station, Texas 77840-7896 P.O. Box 13547 Austin, Texas 78711-3547 4200 Smith School Road Austin, Texas 78744 P.O. Box 12967 Austin, Texas 78711-2967 1021 – Fire Marshall / Fire Safety Inspection Services – 112 – FM P.O. Box 149104 Austin, Texas 78714-9104 101 E. 15th Street Texas Workforce Commission / Governmental Relations - Steve Pier Austin, Texas 78778 Civil Rights - Vickie Covington Project Rio – John Ownby P.O. Box 4260 Texas Youth Commission Austin, Texas 78765 Melissa Headrick Tim Savoy CFO – Robin McKeever United States Attorney’s Office / Kathi West University of Texas Medical Branch - Galveston / Richard S. Moore University of Texas Medical Branch / Ashok Reddy State Classification Office of the State Auditor’s Office / Position Classification / Christine Bailey, Classification Specialist 816 Congress Ave. Ste 1000 Austin, Texas 78701 301 University Blvd. Ste. 621, Galveston, TX 77555 3009A Hwy 30 W., Huntsville, TX 77340 P.O. Box 12067 Austin, Texas 78711-2067



dhamrick@tfs.tamu.edu 512-424-6700 512-389-4845 512-936-6972 512-305-7900 belinda.ambrose@tdi.state.tx.u s steve.pier@twc.state.tx.us vickie.covington@twc.state.tx. us john.ownby@twc.state.tx.us Melissa.headrick@tyc.state.tx. us Tim.Savoy@tyc.state.tx.us Robin.McKeever@tyc.state.tx. us kathi.west@usdoj.gov Vicki.spriggs@tjpc.state.tx.us



512-463-1134 512-463-4615 512-463-0834 512-424-6072 512-424-6005 512-424-6261 512-916-5858 409-772-1902 936-437-3632 512-936-9628



cbailey@ sao.state.tx.us



P.O. Box 13207 Employees Retirement System of Texas / Insurance, Retirement, and Austin, Texas 78711-3207 Deferred Compensation / Cathy Terrell, Director, Consumer Benefits United States Equal Employment

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512-864-7238



cterrell@ ers.state.tx.us



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Opportunity Commission – Houston Office / Discrimination / Mike Fetzer, Director



1919 Smith St., Suites 600 &700 Houston, Texas 77002-8049



713-209-3320



info@ ask.eeoc.gov



XI. Additional Information



A.



Fill in the following chart detailing information on complaints regarding your agency. Do not include complaints received against people or entities you regulate. The chart headings may be changed if needed to better reflect your agency=s practices.

Texas Department of Criminal Justice Exhibit 16: Complaints Against the Agency C Fiscal Years 2003 and 2004 FY 2003 FY 2004 *17,440 *17,440 unknown 0



Number of complaints received Number of complaints resolved Number of complaints dropped/found to be without merit Number of complaints pending from prior years Average time period for resolution of a complaint



*21,403 *21,403 unknown 0



30 days public; 10 days 30 days public; 10 days legislators legislators



*Includes all inquires received by ombudsman offices.

B. Fill in the following chart detailing your agency's Historically Underutilized Business (HUB) purchases. See Exhibit 17 Example or click here to link directly to the example.

Texas Department of Criminal Justice Exhibit 17: Purchases from HUBs FISCAL YEAR 2002 Category Heavy Construction Building Construction Special Trade Professional Services Other Services Commodities TOTAL Total $ Spent 0 12,326,510 369,391 11,545,834 43,916,825 190,342,902 258,501,462 Total HUB $ Spent * 0 1,330,060 26,836 408,543 8,674,089 25,420,305 35,859,833 Percent * 0.0% 10.7% 7.3% 3.5% 19.7% 13.3% 13.8% Statewide Goal * 11.9% 26.1% 57.2% 20.0% 33.0% 12.6%



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FISCAL YEAR 2003 Category Heavy Construction Building Construction Special Trade Professional Services Other Services Commodities TOTAL Category Heavy Construction Building Construction Special Trade Professional Services Other Services Commodities TOTAL Total $ Spent 18 16,699,494 846,499 13,486,790 51,131,120 185,350,407 267,514,328 Total HUB $ Spent * 0 3,802,755 65,119 634,446 6,198,519 21,894,920 32,595,759 Percent * 0.0% 22.7% 7.7% 4.7% 12.1% 11.8% 12.1% Statewide Goal * 11.9% 26.1% 57.2% 20.0% 33.0% 12.6%



FISCAL YEAR 2004 Total $ Spent 4,250 14,418,063 705,663 10,568,703 48,647,044 216,762,051 291,105,774 Total HUB $ Spent * 4,250 2,591,905 219,302 194,530 5,354,098 27,193,294 35,557,379 Percent * 100.0% 17.9% 31.0% 1.8% 11.0% 12.5% 12.2% Statewide Goal * 11.9% 26.1% 57.2% 20.0% 33.0% 12.6%



*Indicates unadjusted numbers

C. Does your agency have a HUB policy? How does your agency address performance shortfalls related to the policy?



The Texas Department of Criminal Justice’s HUB policy is BP-14.67. The TDCJ is firmly committed to promoting and increasing contracting opportunities with Historically Underutilized Businesses. The Agency seeks to address performance shortfalls by using a highly structured program that is presented as the TDCJ HUB Action Plan. This action plan consists of 26 separate projects each with a written plan including all action steps, persons responsible, and due dates for completion. This plan is growing and projects are added as new opportunities are identified. Other good faith effort projects currently listed in our HUB Action Plan include the following: • • • Agency partnership with the Texas Association of Mexican American Chambers of Commerce (TAMACC) and the Texas Association of African American Chambers of Commerce (TAAACC). HUB forum programs to have HUB suppliers present their products and services to TDCJ personnel. Continuous revolving one on one training of TDCJ purchasers in locating and using HUB vendors.

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• • • • • • • • • • • •



Attendance at economic opportunity forums and HUB oriented trade fairs with bid opportunities. Attend construction pre-bid conferences and introduce HUB subcontractors to prime contractors. Assist HUB contractors in re-certification at Agency offices or by traveling to their location if necessary. Participation including funds, postage, and personnel in events sponsored by legislators and community leaders. Successful program to increase procurement card HUB utilization. Assistance to and training of HUB vendors and contractors as necessary. Huntsville HUB trade show with TDCJ personnel visiting HUB vendors and presenting HUB vendor orientation. Promote, monitor, and expand successful Mentor-Protégé program. Participation in contract administration. Distribution of Texas Marketplace opportunities to HUBs. Prepare detailed and informative HUB subcontractor lists for solicitations that require a HUB subcontracting plan. Periodic presentations and departmental HUB performance reporting to TDCJ management.



The TDCJ believes that these programs demonstrate our “Good Faith Effort” to improve participation of Historically Underutilized Businesses in the Agency’s contracting opportunities. TDCJ also believes that success in the HUB Program requires executive commitment and oversight, as well as cooperation, integration, and a close working relationship between the procurement staff and the HUB Program staff. This continued commitment is key vital to the Agency’s success at creating and increasing contracting opportunities for Historically Underutilized Businesses.



D. For agencies with contracts valued at $100,000 or more: Does your agency follow a HUB subcontracting plan to solicit bids, proposals, offers, or other applicable expressions of interest for subcontracting opportunities available for contracts of $100,000 or more? (Tex. Government Code, Sec. 2161.252; TAC 111.14)



Yes. The agency currently uses the HUB Subcontracting Plan (HSP) developed by the Texas Building and Procurement Commission (TBPC) in September 2004. Prior to the development of the HSP, TDCJ used a plan that was developed within the agency. HUB program staff presents the HSP at pre-bid conferences and instruct potential prime contractors of our goals with HUBs, the importance of the completeness of the HSP and the expected “Good Faith Effort”.

E. For agencies with biennial appropriations exceeding $10 million, answer the following HUB questions.

Response / Agency Contact 1. Do you have a HUB coordinator? (Tex. Government Code, Sec. 2161.062; TAC 111.126)

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Bob Chapa HUB Coordinator

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Phone 936-437-7026 Fax 936-437-7089 E-Mail bob.chapa@tdcj.state.tx.us Two Financial Plaza, Suite 525 Huntsville, TX. 77340 2. Has your agency designed a program of HUB forums in which businesses are invited to deliver presentations that demonstrate their capability to do business with your agency? (Tex. Government Code, Sec. 2161.066; TAC 111.127) 3. Has your agency developed a mentor-protege program to foster long-term relationships between prime contractors and HUBs and to increase the ability of HUBs to contract with the state or to receive subcontracts under a state contract? (Tex. Government Code, Sec. 2161.065; TAC 111.128) TDCJ puts on a HUB forum every year in cooperation with Sam Houston State University, Walker County and the City of Huntsville. This year’s forum was held March 15, 2005 on the Sam Houston campus. As part of our mentor-protégé program, TDCJ has coordinated and brought together several relationships in the past and currently is in the process of identifying possible relationships with Architectural & Engineering firms.



F. Fill in the chart below detailing your agency's Equal Employment Opportunity (EEO) statistics. See Exhibit 18 Example or click here to link directly to the example.

Texas Department of Criminal Justice Exhibit 18: Equal Employment Opportunity Statistics

FISCAL YEAR 2002

Minority Workforce Percentages Job Category Total Positions Agency Black Civilian Labor Force % Hispanic Agency Civilian Labor Force % Female Agency Civilian Labor Force %



Officials/Administration Professional Technical Protective Services Para-Professionals Administrative Support Skilled Craft Service/Maintenance



530 5119 122 25,654 1,749 3,568 1,524 1,658



14.3% 22.5% 10.7% 27.9% 13.0% 15.7% 4.9% 23.3%



7% 9% 14% 18% 18% 19% 10% 18%



8.7% 13.0% 4.9% 19.2% 12.5% 16.5% 10.4% 13.1%



11% 10% 18% 21% 31% 27% 28% 44%



22.8% 41.8% 39.3% 36.8% 69.9% 94.1% 3.3% 33.0%



31% 47% 39% 21% 56% 80% 10% 26%



FISCAL YEAR 2003

Minority Workforce Percentages Job Category Total Positions Agency Black Civilian Labor Force % Hispanic Agency Civilian Labor Force % Female Agency Civilian Labor Force %



Officials/Administration Professional



524 4,897



15.1% 22.8%



7% 9%



8.6% 13.4%



11% 10%



23.3% 42.6%



31% 47%



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Technical Protective Services Para-Professionals Administrative Support Skilled Craft Service/Maintenance



118 26,236 1,422 3,180 1,492 1,624



11.0% 28.0% 10.8% 15.5% 4.8% 24.6%



14% 18% 18% 19% 10% 18%



5.1% 18.5% 12.2% 16.7% 10.3% 13.4%



18% 21% 31% 27% 28% 44%



39.8% 36.7% 72.8% 95.2% 3.5% 34.6%



39% 21% 56% 80% 10% 26%



FISCAL YEAR 2004

Minority Workforce Percentages Job Category Total Positions Agency Black Civilian Labor Force % Hispanic Agency Civilian Labor Force % Female Agency Civilian Labor Force %



Officials/Administration Professional Technical Protective Services Para-Professionals Administrative Support Skilled Craft Service/Maintenance



499 4,557 109 26,084 1,477 2,882 1,371 1,607



14.23% 23.85% 11.93% 28.25% 11.04% 15.86% 4.67% 24.64%



7% 9% 14% 18% 18% 19% 10% 18%



8.82% 14.04% 4.59% 18.60% 13.13% 16.79% 10.50% 13.69%



11% 10% 18% 21% 31% 27% 28% 44%



25.05% 43.38% 37.61% 37.22% 71.83% 95.49% 3.57% 34.85%



31% 47% 39% 21% 56% 80% 10% 26%



G. Does your agency have an equal employment opportunity policy? How does your agency address performance shortfalls related to the policy?



Yes, the policy is incorporated in Personnel Directive 12, Equal Employment Opportunity. Shortfalls relating to underutilization are addressed in the Agency Recruitment Plan, which is published each state fiscal biennium. The purpose of the Recruitment Plan is to develop and implement a comprehensive recruitment program that includes marketing or publicizing job vacancies in a manner that is designed to attract applicants from underutilized groups of workers. Shortfalls relating to discrimination in the workplace are addressed in the Executive Director’s letter on Equal Employment Opportunity and Sexual Harassment. The letter encourages employees who believe they have been subjected to any form of discrimination to contact any agency official, file a grievance through the employee grievance process, or contact the Employee Relations Intake Team, the Texas Workforce Commission - Civil Rights Division, and/or the U.S. Equal Employment Opportunity Commission. When the agency receives a discrimination complaint, a fact-finding inquiry is conducted in accordance with PD-31, Discrimination in the Workplace. If the fact-finding inquiry finds that any rule violations have occurred, appropriate disciplinary action is administered.

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Self-Evaluation Report



The TDCJ EEO Section is provided a copy of all documentation regarding the resulting corrective action. In addition, the Warden/Department Head may contact the TDCJ Intake Office and request the complainant and respondent participate in the Agency's dispute resolution process. The agency’s EEO process is being significantly revised to ensure independent investigation action of all allegations and to assign senior management staff responsibility for disciplinary proceedings involving EEO violations.



XII. Agency Comments

Provide any additional information needed to gain a preliminary understanding of your agency. NA



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