bill keeping the Texas prison agency running until 2037

The text as introduced · 8,006 words

89R9898 BCH/JDK-D

By: Parker, et al.
S.B. No. 2405

A BILL TO BE ENTITLED

AN ACT

relating to the continuation and functions of the Texas Board of

Criminal Justice and the Texas Department of Criminal Justice and

to the functions of the Board of Pardons and Paroles, the

Correctional Managed Health Care Committee, the Texas Correctional

Office on Offenders with Medical or Mental Impairments, and the

Windham School District.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 19.003, Education Code, is amended to

read as follows:

Sec. 19.003. GOALS OF THE DISTRICT. The goals of the

district in educating its students are to:

(1) reduce recidivism;

(2) reduce the cost of confinement or imprisonment;

(3) increase the success of former students [ inmates ]

in obtaining and maintaining employment; and

(4) provide an incentive to students [ inmates ] to

behave in positive ways during confinement or imprisonment.

SECTION 2. Section 19.004(c), Education Code, is amended to

read as follows:

(c) The district shall:

(1) develop educational programs specifically

designed for persons eligible under Section 19.005 and ensure that

those programs, such as high school equivalency certificate [ GED ]

and English as a second language [ ESL ], are integrated with an

applied career and technical [ vocational ] context leading to

employment;

(2) [ (1-a) ] develop career and technical education

[ vocational training ] programs specifically designed for persons

eligible under Section 19.005 and prioritize the programs that

result in certification or licensure, considering the impact that a

previous felony conviction has on the ability to secure

certification, licensure, and employment;

(3) [ (1-b) ] continually assess job markets in this

state and update, augment, and expand the career and technical

education [ vocational training ] programs developed under

Subdivision (2) [ (1-a) ] as necessary to provide relevant and

marketable skills to students; and

(4) [ (2) ] coordinate educational programs and

services in the department with those provided by other state

agencies, by political subdivisions, and by persons who provide

programs and services under contract.

SECTION 3. Section 19.0041(a), Education Code, is amended

to read as follows:

(a) To evaluate the effectiveness of its programs, the

Windham School District shall compile and analyze information for

each of its programs, including performance-based information and

data related to academic, career and technical education

[ vocational training ], and life skills programs. This information

shall include for each person who participates in district programs

an evaluation of:

(1) institutional disciplinary violations;

(2) subsequent arrests;

(3) subsequent convictions or confinements;

(4) the cost of confinement;

(5) educational achievement;

(6) high school equivalency examination passage;

(7) the kind of training services provided;

(8) the kind of employment the person obtains on

release;

(9) whether the employment was related to training;

(10) the difference between the amount of the person's

earnings on the date employment is obtained following release and

the amount of those earnings on the first anniversary of that date;

and

(11) the retention factors associated with the

employment.

SECTION 4. Section 19.0042, Education Code, is amended to

read as follows:

Sec. 19.0042. INFORMATION TO BE PROVIDED BY DISTRICT BEFORE

CAREER AND TECHNICAL EDUCATION [ VOCATIONAL TRAINING ] PROGRAM

ENROLLMENT. Before a person described by Section 19.005 enrolls in

a district career and technical education [ vocational training ]

program, the district must inform the person in writing of:

(1) any rule or policy of a state agency that would

impose a restriction or prohibition on the person in obtaining a

certificate or license in connection with the career and technical

education [ vocational training ] program;

(2) the total number of district students released

during the preceding 10 years who have completed a district career

and technical education [ vocational training ] program that allows

for an opportunity to apply for a certificate or license from a

state agency and, of those students:

(A) the number who have applied for a certificate

or license from a state agency;

(B) the number who have been issued a certificate

or license by a state agency; and

(C) the number who have been denied a certificate

or license by a state agency; and

(3) the procedures for:

(A) requesting a criminal history evaluation

letter under Section 53.102, Occupations Code;

(B) providing evidence of fitness to perform the

duties and discharge the responsibilities of a licensed occupation

for purposes of Section 53.023, Occupations Code; and

(C) appealing a state agency's denial of a

certificate or license, including deadlines and due process

requirements:

(i) to the State Office of Administrative

Hearings under Subchapter C, Chapter 2001, Government Code; and

(ii) through any other available avenue.

SECTION 5. Section 19.010(a), Education Code, is amended to

read as follows:

(a) The district shall propose, and the board shall adopt

with any modification the board finds necessary, a strategic plan

that includes:

(1) a mission statement relating to the goals and

duties of the district under this chapter;

(2) goals to be met by the district in carrying out the

mission stated; and

(3) specific educational, career and technical

education [ vocational training ], and counseling programs to be

conducted by the district to meet the goals stated in the plan.

SECTION 6. Section 19.011, Education Code, is amended by

amending Subsection (b) and adding Subsection (c) to read as

follows:

(b) The district shall coordinate career and technical

[ vocational ] education and job training programs with a local

workforce development board authorized by the Texas Workforce

Commission to ensure that district students are equipped with the

skills necessary to compete for current and emerging jobs.

(c) The district may share data with the Texas Higher

Education Coordinating Board for the purpose of administering

postsecondary education programs within the department.

SECTION 7. Section 492.002(a), Government Code, is amended

to read as follows:

(a) The board is composed of nine members appointed by the

governor with the advice and consent of the senate. At least two

members must have significant business or corporate experience.

The governor may not appoint more than two members who reside in an

area encompassed by the same administrative judicial region, as

determined by Section 74.042.

SECTION 8. Section 492.0031, Government Code, is amended by

amending Subsection (b) and adding Subsection (d) to read as

follows:

(b) The training program must provide the person with

information regarding:

(1) the law governing [ legislation that created the ]

department operations [ and the board ];

(2) the programs , functions, rules, and budget of

[ operated by ] the department;

(3) the scope of and limitations on the rulemaking

authority [ role and functions ] of the board [ department ];

(4) [ the rules of the department, with an emphasis on

the rules that relate to disciplinary and investigatory authority;

[ (5) the current budget for the department;

[ (6) ] the results of the most recent formal audit of

the department;

(5) [ (7) ] the requirements of:

(A) the laws relating to open meetings , public

information, administrative procedure, and disclosing conflicts of

interest [ law, Chapter 551 ]; and

(B) other laws applicable to members of a state

policy-making body in performing their duties [ the public

information law, Chapter 552;

[ (C) the administrative procedure law, Chapter

2001; and

[ (D) other laws relating to public officials,

including conflict of interest laws ]; and

(6) [ (8) ] any applicable ethics policies adopted by

the department or the Texas Ethics Commission.

(d) The executive director shall create a training manual

that includes the information required by Subsection (b). The

executive director shall distribute a copy of the training manual

annually to each member of the board. Each member of the board

shall sign and submit to the executive director a statement

acknowledging that the member received and has reviewed the

training manual.

SECTION 9. Section 492.012, Government Code, is amended to

read as follows:

Sec. 492.012. SUNSET PROVISION. The Texas Board of

Criminal Justice and the Texas Department of Criminal Justice are

subject to Chapter 325 (Texas Sunset Act). Unless continued in

existence as provided by that chapter, the board and the department

are abolished September 1, 2037 [ 2025 ].

SECTION 10. Chapter 493, Government Code, is amended by

adding Sections 493.0084 and 493.036 to read as follows:

Sec. 493.0084. INVENTORY AND EVALUATION OF ACTIVE PROGRAMS.

(a) The department shall develop and maintain a comprehensive

inventory of active programs offered in department facilities,

including peer-led programs and volunteer-led programs, that

includes the following information for each program:

(1) program goals;

(2) program capacity and enrollments; and

(3) facilities where the program is offered.

(b) The department shall make the inventory available to the

public on the department's Internet website and continuously update

the inventory.

(c) The department shall collect and analyze data for the

programs described by Subsection (a) to evaluate the effectiveness

of the programs and to improve program offerings.

(d) In carrying out the department's duties under

Subsection (c), the department shall:

(1) for programs claiming rehabilitative or reentry

effects:

(A) collect results-based performance data;

(B) work with qualified internal or external

researchers to develop criteria to evaluate the programs; and

(C) use the criteria developed under Paragraph

(B) to evaluate the programs, including the data described by

Paragraph (A);

(2) create a separate correctional elective programs

category for non-evidence-based and non-evidence-informed programs

and develop criteria to evaluate the programs;

(3) collect and analyze data for program participants

relating to:

(A) institutional disciplinary violations;

(B) subsequent arrests;

(C) subsequent convictions or confinements;

(D) employment obtained following release; and

(E) cost of confinement; and

(4) use the data described by Subdivision (3) to

produce and compare recidivism rates and other correctional impact

trends and to make changes to the programs as needed.

(e) The department may make structural or programmatic

adjustments to improve program performance in response to a program

evaluation under this section indicating poor program performance.

(f) Not later than December 1 of each even-numbered year,

the department shall submit a report on the department's analysis

of programs described by Subsection (a) to the board, the Board of

Pardons and Paroles, the governor, the lieutenant governor, the

speaker of the house of representatives, and each standing

committee of the legislature with primary jurisdiction over the

department.

(g) The department may enter into a memorandum of

understanding with other entities to obtain and share data

necessary to evaluate programs under this section.

Sec. 493.036. LONG-TERM FACILITIES AND STAFFING PLAN. (a)

The department shall prepare a 10-year plan that:

(1) identifies the department's facility and capacity

needs; and

(2) includes recommendations for how the state can

house inmates in facilities that are adequately staffed.

(b) The plan under Subsection (a) must:

(1) examine the department's ability to operate each

facility based on current and future staffing levels, including

cost to the department, with consideration of demographic and

economic trends and facility repair needs;

(2) evaluate how the department will distribute or

consolidate inmates efficiently based on capacity and factors such

as custody level, medical needs, and other special needs;

(3) evaluate any facility retrofitting necessary to

accommodate the needs of the department's inmate population;

(4) evaluate the construction necessary to increase

capacity to manage the department's projected inmate population,

including:

(A) the ways in which the construction can be

done in well-staffed areas of the state on existing department

property; and

(B) proposed timelines for the construction;

(5) include a phased implementation plan for closing

facilities with persistent staffing challenges; and

(6) include estimated savings from reduced

maintenance costs and any potential real property sales with

respect to facilities included in the phased implementation plan.

(c) In developing the plan under Subsection (a), the

department:

(1) must consider the various regional needs of the

state, including any ancillary or community benefits associated

with department facilities; and

(2) may contract with a third party as needed.

(d) In identifying potential facilities for closure as part

of the phased implementation plan described by Subsection (b)(5),

the department shall consider, at a minimum, the following factors

with respect to each facility:

(1) the department's ability to staff the facility and

the facility's operation and maintenance costs;

(2) vacancy rates;

(3) facility capacity;

(4) county-level demographic and economic data;

(5) deferred maintenance costs;

(6) receipt of correctional officers via staff

transport models;

(7) number of climate-controlled beds; and

(8) maximum security status.

(e) Not later than September 1, 2026, and every fourth

anniversary of that date, the department shall submit:

(1) the plan to the board for approval; and

(2) the approved plan to the governor, the lieutenant

governor, the speaker of the house of representatives, and each

standing legislative committee with jurisdiction over

appropriations or the department.

SECTION 11. Section 497.022, Government Code, is amended to

read as follows:

Sec. 497.022. CONTRACTS. The department may contract with:

(1) 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;

(2) a private or independent institution of higher

education to manufacture for or sell to that school or institution

prison-made articles or products; or

(3) a private school or a [ visually handicapped ]

person with visual impairment in this state to manufacture Braille

textbooks or other instructional aids for the education of

[ visually handicapped ] persons with visual impairment .

SECTION 12. Section 499.101, Government Code, is amended to

read as follows:

Sec. 499.101. MAXIMUM CAPACITIES [ EXISTING UNITS ]. (a)

The board by rule shall establish maximum capacities for the units

in the institutional division . [ are as follows:

[ Beto I3,000

[ Beto II888

[ Boyd1,012

[ Briscoe1,012

[ Central720

[ Clemens851

[ Clements2,200

[ Coffield3,000

[ Daniel1,012

[ Darrington1,610

[ Diagnostic1,365

[ Eastham2,050

[ Ellis I1,900

[ Ellis II2,260

[ Ferguson2,100

[ Gatesville1,571

[ Goree1,058

[ Hightower1,012

[ Hilltop761

[ Hobby1,012

[ Hughes2,264

[ Huntsville1,705

[ Jester I323

[ Jester II378

[ Jester III908

[ Lewis1,012

[ McConnell2,264

[ Michael2,264

[ Mountain View718

[ Pack I864

[ Pack II1,088

[ Panpa1,012

[ Ramsey I1,400

[ Ramsey II850

[ Ramsey III1,000

[ Retrieve770

[ Roach1,012

[ Robertson2,264

[ Smith1,012

[ Stiles2,264

[ Terrell2,264

[ Torres1,012

[ Wynne2,300 ]

(b) It is the intent of the legislature that as case law

evolves and indicates that maximum capacities for units in the

institutional division [ established under Subsection (a) ] may be

increased, the staff of the institutional division shall use the

procedures established by this subchapter to increase those

capacities. There shall be no cause of action against the

institutional division for failure to take action under this

subsection.

SECTION 13. Section 499.102(a), Government Code, is amended

to read as follows:

(a) The staff of the institutional division, on its own

initiative or as directed by the governor or the board, may

recommend to the administration of the institutional division that

the maximum capacity [ established under Section 499.101 ] for a unit

be increased if the staff determines through written findings that

the division can increase the maximum capacity and provide:

(1) proper inmate classification and housing within

the unit that is consistent with the classification system;

(2) housing flexibility to allow necessary repairs and

routine and preventive maintenance to be performed without

compromising the classification system;

(3) adequate space in dayrooms;

(4) all meals within a reasonable time, allowing each

inmate a reasonable time within which to eat;

(5) operable hygiene facilities that ensure the

availability of a sufficient number of fixtures to serve the inmate

population;

(6) adequate laundry services;

(7) sufficient staff to:

(A) meet operational and security needs;

(B) meet health care needs, including the needs

of inmates requiring psychiatric care, inmates with an intellectual

disability, and inmates with a physical disability;

(C) provide a safe environment for inmates and

staff; and

(D) provide adequate internal affairs

investigation and review;

(8) medical, dental, and psychiatric care adequate to

ensure:

(A) minimal delays in delivery of service from

the time sick call requests are made until the service is performed;

(B) access to regional medical facilities;

(C) access to the institutional division

hospital at Galveston or contract facilities performing the same

services;

(D) access to specialty clinics; and

(E) a sufficient number of psychiatric inpatient

beds and sheltered beds for inmates with an intellectual

disability;

(9) a fair disciplinary system that ensures due

process and is adequate to ensure safety and order in the unit;

(10) work, vocational, academic, and on-the-job

training programs that afford all eligible inmates with an

opportunity to learn job skills or work habits that can be applied

on release, appropriately staffed and of sufficient quality;

(11) a sufficient number and quality of

nonprogrammatic and recreational activities for all eligible

inmates who choose to participate;

(12) adequate assistance from persons trained in the

law or a law library with a collection containing necessary

materials and space adequate for inmates to use the law library for

study related to legal matters;

(13) adequate space and staffing to permit contact and

noncontact visitation of all eligible inmates;

(14) adequate maintenance programs to repair and

prevent breakdowns caused by increased use of facilities and

fixtures; and

(15) space and staff sufficient to provide all the

services and facilities required by this section.

SECTION 14. Subchapter F, Chapter 499, Government Code, is

amended by adding Section 499.1214 to read as follows:

Sec. 499.1214. PEN PACKET SUBMISSION TRAINING. The

department shall develop and provide annual training for county

employees on the submission of documents required before the

department takes custody of a person being transferred from a

county jail to the department, including documents required under

Sections 8(a) and (c), Article 42.09, Code of Criminal Procedure.

SECTION 15. Section 501.009, Government Code, is amended to

read as follows:

Sec. 501.009. VOLUNTEER AND FAITH-BASED ORGANIZATIONS[ ;

REPORT ]. (a) The department shall adopt a policy that requires

department staff responsible for rehabilitation and reentry

programs and services [ each warden ] to identify volunteer and

faith-based organizations that provide programs for inmates housed

in facilities operated by the department. The policy must require

the staff [ each warden ] to actively encourage volunteer and

faith-based organizations to provide the following programs for

inmates in department facilities [ the warden's facility ]:

(1) literacy and education programs;

(2) life skills programs;

(3) job skills programs;

(4) parent-training programs;

(5) drug and alcohol rehabilitation programs;

(6) support group programs;

(7) arts and crafts programs; and

(8) other programs determined by the department to aid

inmates in the transition between confinement and society and to

reduce incidence of recidivism among inmates.

(b) The policy must require the staff described by

Subsection (a) to solicit feedback from the warden and chaplains of

each facility on the facility's needs regarding volunteer and

faith-based organization provided programs.

(c) The department shall include in the annual report

required under Section 493.0084(f) [ that each warden submit a

report to the board not later than December 31 of each year that

includes, for the preceding fiscal year, ] a summary of:

(1) the programs provided to inmates under this

section; and

(2) the actions taken [ by the warden ] to identify

volunteer and faith-based organizations willing to provide

programs to inmates and to encourage those organizations to provide

programs in the department facilities [ warden's facility ].

SECTION 16. Section 501.017(b), Government Code, is amended

to read as follows:

(b) The department may not enforce a claim or lien

established under this section if the inmate has a surviving spouse

or a surviving dependent or child with a disability [ disabled

child ].

SECTION 17. Section 501.054(h), Government Code, is amended

to read as follows:

(h) The department shall report to the legislature not later

than December 1 [ January 15 ] of each even-numbered [ odd-numbered ]

year concerning the implementation of this section and the

participation of inmates and employees of the department in

education programs established under this section.

SECTION 18. Sections 501.057(a) and (b), Government Code,

are amended to read as follows:

(a) The department shall establish a system to identify

[ mentally ill ] inmates with mental illness who are nearing

eligibility for release on parole.

(b) Not later than the 30th day before the initial parole

eligibility date of an inmate identified as having a mental illness

[ mentally ill ], an institutional division psychiatrist shall

examine the inmate. The psychiatrist shall file a sworn

application for court-ordered temporary mental health services

under Chapter 574, Health and Safety Code, if the psychiatrist

determines that the inmate has a mental illness [ is mentally ill ]

and as a result of the illness the inmate meets at least one of the

criteria listed in Section 574.034 or 574.0345, Health and Safety

Code.

SECTION 19. The heading to Section 501.069, Government

Code, is amended to read as follows:

Sec. 501.069. OFFENDERS WITH INTELLECTUAL OR DEVELOPMENTAL

DISABILITIES [ DEVELOPMENTALLY DISABLED OFFENDER ] PROGRAM.

SECTION 20. Section 501.092(i), Government Code, is amended

to read as follows:

(i) Not later than December [ September ] 1 of each

even-numbered year, the department shall deliver a report of the

results of evaluations conducted under Subsection (b)(7) to the

lieutenant governor, the speaker of the house of representatives,

and each standing committee of the senate and house of

representatives having primary jurisdiction over the department.

SECTION 21. Subchapter C, Chapter 501, Government Code, is

amended by adding Section 501.104 to read as follows:

Sec. 501.104. STRATEGIC PLAN FOR REHABILITATION AND REENTRY

PROGRAMS. (a) In this section, "parole-voted program" has the

meaning assigned by Section 508.1521.

(b) The department and the Windham School District shall

jointly develop a strategic plan for the provision of

rehabilitation and reentry programs to inmates. The strategic plan

must include program objectives and timelines intended to:

(1) increase program efficiencies, including

eliminating delays in placing inmates into parole-voted programs;

(2) reduce program redundancies;

(3) incorporate new evidence-based and

evidence-informed program approaches; and

(4) incorporate technology-based solutions.

(b-1) The strategic plan must include clear steps and

timelines to reduce, by September 1, 2027, overall parole-voted

program placement timelines by at least 50 percent compared to the

timelines on August 31, 2023. This subsection expires December 31,

2027.

(c) In developing the strategic plan, the department shall

evaluate therapeutic service contracts and obligations and

renegotiate the contracts and obligations as necessary to meet

current and projected program needs.

(d) The department and the Windham School District shall

jointly update the strategic plan at least once every five years.

(e) Not later than December 1 of each even-numbered year,

the department and the Windham School District shall submit a joint

report on the implementation of the strategic plan to the board, the

Board of Pardons and Paroles, the governor, the lieutenant

governor, the speaker of the house of representatives, and each

standing committee of the legislature with primary jurisdiction

over the department.

(f) In preparing the report under Subsection (e), the

department and the Windham School District shall consider the most

recent report prepared under Section 501.103.

SECTION 22. Section 501.138(c), Government Code, is amended

to read as follows:

(c) If the executive director [ managed health care

administrator ] has knowledge that a potential ground for removal

exists, the executive director [ administrator ] shall notify the

presiding officer of the committee of the potential ground. The

presiding officer shall then notify the governor and the attorney

general that a potential ground for removal exists. If the

potential ground for removal involves the presiding officer, the

executive director [ managed health care administrator ] shall

notify the next highest ranking officer of the committee, who shall

then notify the governor and the attorney general that a potential

ground for removal exists.

SECTION 23. Section 501.140, Government Code, is amended by

amending Subsection (b) and adding Subsection (d) to read as

follows:

(b) The training program must provide the person with

information regarding:

(1) the law governing committee [ legislation that

created the committee ] operations ;

(2) the programs , functions, rules, and budget of

[ operated by ] the committee;

(3) the scope of and limitations on the rulemaking

authority [ role and functions ] of the committee;

(4) [ the rules of the committee with an emphasis on the

rules that relate to disciplinary and investigatory authority;

[ (5) the current budget for the committee;

[ (6) ] the results of the most recent formal audit of

the committee;

(5) [ (7) ] the requirements of:

(A) laws relating to [ the ] open meetings , public

information, administrative procedure, and disclosing conflicts of

interest [ law, Chapter 551 ]; and

(B) other laws applicable to members of a state

policy-making body in performing their duties [ the public

information law, Chapter 552;

[ (C) the administrative procedure law, Chapter

2001; and

[ (D) other laws relating to public officials,

including conflict-of-interest laws ]; and

(6) [ (8) ] any applicable ethics policies adopted by

the department [ committee ] or the Texas Ethics Commission.

(d) The executive director shall create a training manual

that includes the information required by Subsection (b). The

executive director shall distribute a copy of the training manual

annually to each member of the committee. Each member of the

committee shall sign and submit to the executive director a

statement acknowledging that the member received and has reviewed

the training manual.

SECTION 24. Section 508.036, Government Code, is amended by

adding Subsection (a-1) to read as follows:

(a-1) A report under Subsection (a)(5) must include:

(1) the following information with respect to the

release of inmates on medically recommended intensive supervision

under Section 508.146 for the preceding 10-year period:

(A) the number of inmates released on medically

recommended intensive supervision;

(B) an explanation of any trends;

(C) release revocation rates;

(D) types of modifications of conditions of

release or graduated sanctions imposed; and

(E) the approval rate of inmates reviewed by a

parole panel described by Section 508.146(e) for release on

medically recommended intensive supervision;

(2) an evaluation of the consistency with which

graduated sanctions are imposed for releasees or release on parole

or mandatory supervision is revoked;

(3) an evaluation of the consistency with which

special conditions are imposed under Subchapter I; and

(4) the rates of consensus between voting outcomes and

hearing officer recommendations and between voting outcomes and

other recommendations made by an employee authorized to make

recommendations for special conditions and graduated sanctions.

SECTION 25. Section 508.0362, Government Code, is amended

by amending Subsections (a) and (b) and adding Subsection (d) to

read as follows:

(a) [ (1) ] A person who is appointed to and qualifies for

office as a member of the board may not vote, deliberate, or be

counted as a member in attendance at a meeting of the board until

the person completes [ at least one course of ] a training program

that complies with this section.

[ (2) ] A parole commissioner employed by the board may

not vote or deliberate on a matter described by Section 508.0441

until the person completes [ at least one course of ] a training

program that complies with this section.

(b) The [ A ] training program must provide the person with

information [ to the person ] regarding:

(1) the law governing board operations [ enabling

legislation that created the board ];

(2) the programs , functions, rules, and budget of

[ operated by ] the board;

(3) the scope of and limitations on the rulemaking

authority [ role and functions ] of the board [ and parole

commissioners ];

(4) [ the rules of the board;

[ (5) the current budget for the board;

[ (6) ] the results of the most recent formal audit of

the board;

(5) [ (7) ] the requirements of [ the ]:

(A) laws relating to open meetings , public

information, administrative procedure, and disclosing conflicts of

interest [ law, Chapter 551 ]; and

(B) other laws applicable to members of a state

policy-making body in performing their duties [ open records law,

Chapter 552; and

[ (C) administrative procedure law, Chapter 2001;

[ (8) the requirements of the conflict of interest laws

and other laws relating to public officials ]; and

(6) [ (9) ] any applicable ethics policies adopted by

the board or the Texas Ethics Commission.

(d) The board administrator shall create a training manual

that includes the information required by Subsection (b). The

board administrator shall distribute a copy of the training manual

annually to each board member and parole commissioner. Each board

member and parole commissioner shall sign and submit to the board

administrator a statement acknowledging that the person received

and has reviewed the training manual.

SECTION 26. Subchapter B, Chapter 508, Government Code, is

amended by adding Sections 508.0421 and 508.0455 to read as

follows:

Sec. 508.0421. TRAINING PROGRAM ON MEDICALLY RECOMMENDED

INTENSIVE SUPERVISION. (a) The board shall develop and provide a

comprehensive training program on the release of inmates on

medically recommended intensive supervision under Section 508.146

for board members and parole commissioners serving on a parole

panel under that section. The program must include:

(1) background information on medically recommended

intensive supervision; and

(2) training and education regarding:

(A) statutory requirements and board rules for

the consideration and release of inmates on medically recommended

intensive supervision;

(B) the supervision of persons released on

medically recommended intensive supervision, including information

on:

(i) the imposition of graduated sanctions

on a releasee for a violation of a condition of release; and

(ii) the imposition and modification of

special conditions on a releasee; and

(C) the medical conditions affecting inmates who

are eligible for medically recommended intensive supervision,

including treatments for those conditions.

(b) In developing the training program, the board shall:

(1) use available data on medically recommended

intensive supervision; and

(2) consult with the division and a practicing

physician and psychiatrist as needed.

(c) The board shall develop a condensed version of the

training program that includes only the training and education

described by Subsection (a)(2).

(d) A member of a parole panel described by Section

508.146(e) may not participate in a vote of the panel related to the

release of an inmate on medically recommended intensive supervision

until the member completes the training program described by

Subsection (a). Each member must complete the version of the

training program described by Subsection (c) biennially after

completing the initial training to remain eligible to participate

in a vote of the panel related to the release of an inmate on

medically recommended intensive supervision. The board shall

inform each member of any subsequent changes to the training

developed under Subsection (a) that are made after the member

completes the training required by this subsection.

Sec. 508.0455. PAROLE PANEL DATA. (a) The board shall

coordinate with the department to collect and analyze data on the

release of inmates on parole, mandatory supervision, or medically

recommended intensive supervision and the use of special conditions

and graduated sanctions to evaluate outcomes and trends.

(b) Using the data collected under Subsection (a), the board

shall determine a method for evaluating the consistency of

revocation decisions across all three-voter parole panels.

(c) The board shall use its findings from the data collected

under this section and the information described by Sections

508.036(a-1) and 508.1445(b) in developing the training required

under Sections 508.041 and 508.042.

SECTION 27. Section 508.054(c), Government Code, is amended

to read as follows:

(c) The board shall periodically notify the complaint

parties of the status of the complaint until final disposition

unless the notice would jeopardize an ongoing investigation .

SECTION 28. Section 508.1131, Government Code, is amended

by amending Subsection (a) and adding Subsection (a-1) to read as

follows:

(a) The Texas Board of Criminal Justice by rule [ executive

director ] shall adopt a salary career ladder for parole officers.

In adopting the salary career ladder, the Texas Board of Criminal

Justice shall, in consultation with relevant stakeholders, review

the current salary structure and align the salary career ladder

with the future needs of the department.

(a-1) The Texas Board of Criminal Justice may revise the

[ The ] salary career ladder as needed [ must base a parole officer's

salary on the officer's classification and years of service with

the department ].

SECTION 29. Section 508.1142, Government Code, is amended

to read as follows:

Sec. 508.1142. PAROLE OFFICER MAXIMUM CASELOADS. (a) The

Texas Board of Criminal Justice by rule [ department ] shall

establish [ adopt a policy that establishes ] guidelines for a

maximum caseload for a [ each ] parole officer [ of:

[ (1) 60 active releasees, if the releasees are not in a

specialized program described by Subdivisions (2)-(6);

[ (2) 35 active releasees, if the releasees are in the

special needs offender program;

[ (3) 35 active releasees, if the releasees are in the

therapeutic community substance abuse aftercare treatment program;

[ (4) 24 active releasees, if the releasees are in the

sex offender program;

[ (5) 20 active releasees, if the releasees are

electronically monitored; and

[ (6) 11 active releasees, if the releasees are in the

super-intensive supervision program ].

(b) The Texas Board of Criminal Justice:

(1) shall periodically review the guidelines

established under Subsection (a) to ensure that the guidelines are

achievable and informed by research-supported supervision

practices; and

(2) may revise the guidelines as needed.

(c) The department shall conduct a job task analysis and

workload study with respect to parole officers before the Texas

Board of Criminal Justice adopts or amends the guidelines under

this section [ If the department is unable to meet the maximum

caseload guidelines, the department shall submit a report to the

Legislative Budget Board, at the end of each fiscal year in which

the department fails to meet the guidelines, stating the amount of

money needed by the department to meet the guidelines ].

SECTION 30. Subchapter D, Chapter 508, Government Code, is

amended by adding Sections 508.1143 and 508.120 to read as follows:

Sec. 508.1143. REPORT ON PAROLE SUPERVISION APPROACHES AND

MAXIMUM CASELOADS. (a) Not later than September 1, 2026, the

department, in consultation with relevant stakeholders, shall:

(1) review current parole supervision practices and

caseload approaches; and

(2) submit a report on proposed parole supervision

practices and caseload approaches, including proposed maximum

caseloads for parole officers, to the Texas Board of Criminal

Justice, the board, the governor, the lieutenant governor, the

speaker of the house of representatives, and each standing

committee of the legislature with primary jurisdiction over the

department.

(b) The report must include:

(1) an evaluation of the current caseload identified

as not being actively worked on by a parole officer, considering the

assessed parole officer staffing needs; and

(2) the results of any department pilot project

assessing changes to parole officer supervision practices and

caseload approaches.

(c) A pilot project assessing supervision practices and

caseload approach changes described by Subsection (b)(2) may not be

implemented statewide before submission of the report required by

Subsection (a)(2).

(d) This section expires September 1, 2027.

Sec. 508.120. PROHIBITION ON CERTAIN DIVISION ACTIONS

INVOLVING SPECIAL CONDITIONS. The division may not:

(1) make recommendations regarding the imposition of a

special condition before an inmate is released on parole or to

mandatory supervision; or

(2) review the voting decisions of a parole panel with

respect to the imposition of a special condition.

SECTION 31. Section 508.1445(b), Government Code, is

amended to read as follows:

(b) The report must include:

(1) a brief explanation of the parole guidelines,

including how the board:

(A) defines the risk factors and offense severity

levels; and

(B) determines the range of recommended parole

approval rates for each guideline score;

(2) a comparison of the range of recommended parole

approval rates under the parole guidelines to the actual approval

rates for individual parole panel members, each regional

three-voter parole panel [ offices ], and the state as a whole; [ and ]

(3) a description of instances in which the actual

parole approval rates , including rates for each regional

three-voter parole panel, do not meet the range of recommended

parole approval rates under the parole guidelines, an explanation

of the variations, and a list of actions that the board has taken or

will take to meet the guidelines ; and

(4) information regarding the rates at which each

regional three-voter parole panel imposes each special condition

when approving release on parole and an explanation for any

significant variations among the panels .

SECTION 32. Section 508.146, Government Code, is amended by

adding Subsections (g), (h), (i), and (j) to read as follows:

(g) The board shall adopt rules to administer this section.

The rules must:

(1) specify the procedures for evaluating the

prognosis of inmates who are eligible for medically recommended

intensive supervision under Subsection (a) because of a qualifying

medical condition;

(2) specify the factors, other than an inmate's

condition, that are relevant or statutorily required to release an

inmate on medically recommended intensive supervision; and

(3) define what constitutes a threat to public safety

for purposes of Subsections (a)(2) and (f) and specify the factors

that a parole panel described by Subsection (e) must consider when

determining whether an inmate constitutes a threat to public

safety.

(h) The procedures described by Subsection (g)(1) must:

(1) require a review of the inmate's condition by at

least one health care practitioner; and

(2) require each health care practitioner who reviews

an inmate's condition as described by Subdivision (1) to provide

the parole panel described by Subsection (e), before the panel

makes a final determination under this section, a written report on

the inmate's condition that:

(A) is in plain language that is understandable

by a nonmedical professional;

(B) specifically describes how the inmate's

condition and treatment for the condition will affect the inmate's

cognitive and physical abilities and limitations; and

(C) contains other information as required by the

board.

(i) The board may consult with other relevant entities for

purposes of establishing information required in the report under

Subsection (h)(2)(C) including:

(1) the Correctional Managed Health Care Committee;

(2) the division;

(3) the Texas Correctional Office on Offenders with

Medical or Mental Impairments;

(4) the Texas Tech University Health Sciences Center;

and

(5) The University of Texas Medical Branch at

Galveston.

(j) Information regarding the identity of a health care

practitioner providing a report described by Subsection (h)(2),

other than information relating to the practitioner's

specialization, is excepted from required disclosure under Chapter

552. The board may release the information or redact or otherwise

withhold the information from disclosure under Chapter 552.

SECTION 33. Section 508.152, Government Code, is amended by

adding Subsection (b-3) to read as follows:

(b-3) For purposes of Subsection (b-1)(1), an inmate's

individual treatment plan must include a comprehensive list, in

plain language, of the inmate's program participation that:

(1) includes:

(A) state-funded programs;

(B) intensive volunteer programs; and

(C) program enrollment and completion dates; and

(2) distinguishes between required evidence-based

programs and correctional elective programs that are non-evidence

based or non-evidence informed.

SECTION 34. Subchapter E, Chapter 508, Government Code, is

amended by adding Sections 508.1521 and 508.158 to read as follows:

Sec. 508.1521. REQUIRED INDIVIDUAL TREATMENT PLAN PROGRAMS

AND PAROLE-VOTED PROGRAMS. (a) In this section:

(1) "Parole-voted program" means a program or class

that the board intends to require an inmate to complete before

releasing the inmate on parole or to mandatory supervision.

(2) "Required individual treatment plan program"

means a program or class that is required in an inmate's individual

treatment plan under Section 508.152 other than a parole-voted

program.

(b) The department, the board, and the Windham School

District shall:

(1) develop evidence-based program criteria specific

to required individual treatment plan programs and parole-voted

programs to be used in evaluating and assessing those programs;

(2) develop and maintain a required individual

treatment plan programs list and a parole-voted programs list,

provided that a non-evidence-based or non-evidence-informed

program may not be included on either list;

(3) develop procedures for:

(A) evaluating programs to be added to the

required individual treatment plan programs list or the

parole-voted programs list;

(B) assessing current required individual

treatment plan programs and parole-voted programs; and

(C) removing programs that do not meet the

criteria developed under Subdivision (1) from the lists of required

individual treatment plan programs and parole-voted programs; and

(4) coordinate on required individual treatment plan

and parole-voted programming options through regular meetings.

(c) In developing and maintaining the required individual

treatment plan programs list, the department and the Windham School

District have joint authority to decide which programs are included

on the required individual treatment plan list.

(d) In developing and maintaining the parole-voted programs

list, the department and the Windham School District shall present

programming options and program evaluation results to the board,

provided that the board has the sole authority to decide which

programs are included on the parole-voted programs list.

(e) The department shall:

(1) collect and analyze parole-voted program data on a

rolling basis, including:

(A) the number of inmates waiting for placement

into a program;

(B) the waitlist times for placement into a

program;

(C) the reasons for program placement delays,

other than delays due to a program start date specified by the

board;

(D) vote revision requests related to program

ineligibility, placement delays, and other factors that may affect

parole release timelines; and

(E) the number of inmates unable to complete

parole-voted programs before the earliest date on which the inmates

would have been eligible to be released following program

completion;

(2) use the data described by Subdivision (1) to:

(A) calculate parole-voted program waitlist

times;

(B) track and reduce parole-voted program

enrollment timelines; and

(C) work to eliminate parole-voted program

placement delays; and

(3) include the data and analysis described by

Subdivision (1) in the strategic plan required under Section

501.104.

(f) The department shall prioritize the placement of

inmates into parole-voted programs, ensure parole-voted program

capacity meets programming needs, and expand parole-voted program

access in accordance with the strategic plan required under Section

501.104.

Sec. 508.158. SPECIAL CONDITIONS WORK GROUP. (a) The board

and department shall jointly establish a work group consisting of

board members and parole commissioners who actively serve on a

parole panel and staff representatives from the division to assess

the impact and effectiveness of special conditions.

(b) The work group shall:

(1) discuss the efficacy of special conditions;

(2) assess the continuing need for the use of specific

special conditions; and

(3) identify potential modifications to special

conditions for the board to consider adopting.

(c) In discussing the efficacy of special conditions under

Subsection (b), the work group shall solicit input from parole

officers and other relevant parties.

(d) The work group shall meet annually.

SECTION 35. Section 614.009, Health and Safety Code, is

amended to read as follows:

Sec. 614.009. BIENNIAL REPORT. Not later than December

[ February ] 1 of each even-numbered [ odd-numbered ] year, the office

shall present to the board and file with the governor, lieutenant

governor, and speaker of the house of representatives a report

giving the details of the office's activities during the preceding

biennium. The report must include:

(1) an evaluation of any demonstration project

undertaken by the office;

(2) an evaluation of the progress made by the office

toward developing a plan for meeting the treatment, rehabilitative,

and educational needs of offenders with special needs;

(3) information on the provision of services under

Section 614.021 to wrongfully imprisoned persons;

(4) recommendations of the office made in accordance

with Section 614.007(5);

(5) [ (4) ] an evaluation of the development and

implementation of the continuity of care and service programs

established under Sections 614.013, 614.014, 614.015, 614.016, and

614.018, changes in rules, policies, or procedures relating to the

programs, future plans for the programs, and any recommendations

for legislation; and

(6) [ (5) ] any other recommendations that the office

considers appropriate.

SECTION 36. The following provisions are repealed:

(1) Section 494.011, Government Code;

(2) Section 497.111, Government Code;

(3) Section 501.062(c), Government Code;

(4) Section 507.003, Government Code;

(5) Section 507.004, Government Code;

(6) Sections 508.1131(b) and (c), Government Code; and

(7) Section 614.021(c), Health and Safety Code.

SECTION 37. The change in law made by this Act to Section

492.002, Government Code, does not affect the entitlement of a

member serving on the Texas Board of Criminal Justice before the

effective date of this Act to continue to serve for the remainder of

the member's term. As the terms of members expire, the governor

shall appoint or reappoint members who have the qualifications

required by Section 492.002(a), Government Code, as amended by this

Act.

SECTION 38. (a) Sections 492.0031, 501.140, and 508.0362,

Government Code, as amended by this Act, apply to a member of the

Texas Board of Criminal Justice, the Correctional Managed Health

Care Committee, or the Board of Pardons and Paroles, as applicable,

appointed before, on, or after the effective date of this Act.

(b) A member of the Texas Board of Criminal Justice, the

Correctional Managed Health Care Committee, or the Board of Pardons

and Paroles who, before the effective date of this Act, completed

the training program required by Section 492.0031, 501.140, or

508.0362, Government Code, as that law existed before the effective

date of this Act, is only required to complete additional training

on the subjects added by this Act to the training program required

by Section 492.0031, 501.140, or 508.0362, Government Code, as

applicable. A member described by this subsection may not vote,

deliberate, or be counted as a member in attendance at a meeting of

the applicable board or committee held on or after December 1, 2025,

until the member completes the additional training.

SECTION 39. (a) Section 508.0362, Government Code, as

amended by this Act, applies to a parole commissioner employed by

the Board of Pardons and Paroles before, on, or after the effective

date of this Act.

(b) A parole commissioner who, before the effective date of

this Act, completed the training program required by Section

508.0362, Government Code, as that law existed before the effective

date of this Act, is only required to complete additional training

on the subjects added by this Act to the training program required

by that section. A parole commissioner described by this

subsection may not vote or deliberate on a matter described by

Section 508.0441, Government Code, occurring on or after December

1, 2025, until the member completes the additional training.

SECTION 40. As soon as practicable after the effective date

of this Act:

(1) the Texas Board of Criminal Justice shall adopt

the rules required by Sections 499.101(a), 508.1131, and 508.1142,

Government Code, as amended by this Act; and

(2) the Board of Pardons and Paroles shall adopt the

rules required by Section 508.146(g), Government Code, as added by

this Act.

SECTION 41. (a) Not later than December 1, 2025, the Board

of Pardons and Paroles shall make the training required by Section

508.0421, Government Code, as added by this Act, available to board

members and parole commissioners described by Subsection (a) of

that section.

(b) Notwithstanding Section 508.0421(d), Government Code,

as added by this Act, a board member or parole commissioner to whom

that section applies is not required to complete the training

required by that section until December 1, 2025.

SECTION 42. Not later than September 1, 2026:

(1) the Texas Department of Criminal Justice and the

Windham School District shall develop the strategic plan required

by Section 501.104, Government Code, as added by this Act; and

(2) the Texas Department of Criminal Justice shall

revise each inmate's individual treatment plan as necessary to

conform to the requirements of Section 508.152(b-3), Government

Code, as added by this Act.

SECTION 43. The Board of Pardons and Paroles is not required

to comply with the changes in law made by this Act to Sections

508.036 and 508.1445, Government Code, until September 1, 2026.

SECTION 44. This Act takes effect September 1, 2025.