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A BILL TO BE ENTITLED
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AN ACT
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relating to certain substance abuse treatment programs operated by |
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the Texas Department of Criminal Justice. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42A.303, Code of Criminal Procedure, is |
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amended by amending Subsection (e) and adding Subsections (e-1), |
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(e-2), and (e-3) to read as follows: |
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(e) The Department of State Health Services shall develop: |
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(1) the continuum of care treatment plan described by |
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Subsection (d)(1); and |
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(2) an instrument to be used by the Texas Department of |
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Criminal Justice to assess the residential aftercare needs of a |
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defendant required as a condition of community supervision to serve |
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a term of confinement and treatment in a substance abuse felony |
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punishment facility under this article. |
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(e-1) The continuum of care treatment plan described by |
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Subsection (d)(1) must: |
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(1) use nationally recognized professional, |
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empirical, and evidence-based practices; |
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(2) be trauma-informed; and |
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(3) promote the general health of defendants and |
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include topics on exercise, diet, dental hygiene, and feminine |
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hygiene, as applicable. |
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(e-2) The Department of State Health Services shall review |
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and update the continuum of care treatment plan under Subsection |
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(d)(1) at least once every five years. |
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(e-3) The residential aftercare assessment instrument |
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developed under Subsection (e)(2) must be based on a medical and |
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social risk assessment of the defendant and take into consideration |
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the defendant's age, health, family status, disability, gender, and |
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sexual identity to determine the most effective residential |
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aftercare placement for the defendant. |
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SECTION 2. Section 493.009, Government Code, is amended by |
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adding Subsections (e-1), (o), and (r) to read as follows: |
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(e-1) A qualified professional implementing the program |
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under Subsection (e) may not modify the continuum of care treatment |
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plan developed under Article 42A.303(d)(1), Code of Criminal |
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Procedure, without the approval of the Department of State Health |
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Services. |
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(o) Notwithstanding any other law, the department may |
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provide up to three months of aftercare housing in an appropriate |
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facility operated by or under contract with the department, other |
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than a transitional treatment center, for a defendant as |
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recommended by an assessment conducted using the instrument |
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developed by the Department of State Health Services under Article |
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42A.303(e)(2), Code of Criminal Procedure. |
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(r) The Department of State Health Services shall develop a |
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survey that substance abuse felony punishment program participants |
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may anonymously complete and submit to the Department of State |
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Health Services and the department to assist the department in |
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improving the program. The survey must be available on the |
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Department of State Health Services' Internet website for mail or |
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online submission. On request, the Department of State Health |
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Services shall provide members of the public with anonymous survey |
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responses. |
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SECTION 3. Chapter 493, Government Code, is amended by |
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adding Sections 493.0091, 493.0092, and 493.0093 to read as |
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follows: |
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Sec. 493.0091. SUBSTANCE ABUSE FELONY PUNISHMENT PROGRAM |
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PARTICIPANT BILL OF RIGHTS. (a) The department shall develop a |
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bill of rights for participants in a substance abuse felony |
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punishment program operated under Section 493.009. The bill of |
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rights must include a description of any federal or state laws |
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applicable to the participants. |
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(b) The department shall provide to each participant: |
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(1) an oral explanation of the information contained |
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in the bill of rights; and |
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(2) a physical copy of the bill of rights or |
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information regarding how to access an electronic version of the |
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document. |
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(c) The department shall provide training on the bill of |
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rights developed under this section to all department employees |
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assigned to a substance abuse felony punishment facility. The |
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department shall maintain documentation of the employee trainings. |
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Sec. 493.0092. EVALUATION OF CERTAIN SUBSTANCE ABUSE |
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TREATMENT FACILITIES. (a) The department shall develop outcome |
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measures and performance targets for evaluating the effectiveness |
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of any facility operated under contract with the department for the |
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primary purpose of providing substance abuse treatment or |
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aftercare. The outcome measures must include: |
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(1) treatment program completion rates; |
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(2) employment rates of individuals who have completed |
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the treatment program; and |
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(3) an evaluation of the facility's ability to: |
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(A) provide individuals with housing after |
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completing treatment; and |
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(B) assist individuals in: |
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(i) obtaining social services; and |
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(ii) creating civic reintegration plans, |
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including identifying and making arrangements to pay any |
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outstanding court costs, fines, and fees and child support payments |
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owed by the individual. |
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(b) The department may not renew the contract of a facility |
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that consistently fails to achieve the performance targets |
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established under this section. |
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Sec. 493.0093. SUBSTANCE ABUSE FELONY PUNISHMENT PROGRAM |
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REPORT. (a) Not later than February 1 of each year, the |
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department, using appropriated funds, shall prepare and submit a |
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report to the governor, the lieutenant governor, the speaker of the |
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house of representatives, and each standing committee of the |
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legislature with primary jurisdiction over the department that |
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includes the following information for the preceding calendar year: |
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(1) the total number of participants in the substance |
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abuse felony punishment program operated under Section 493.009 and |
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information on the county of residence of participants before |
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entering the program; |
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(2) the number of participants who completed the |
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program categorized according to the facility in which the |
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participant was confined, including the number of participants who |
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completed any aftercare required as a condition of community |
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supervision; |
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(3) the number of participants who failed to complete |
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the program and the reasons for the failures; |
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(4) the recidivism rate of participants, including: |
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(A) the number of participants by county who |
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completed the program and were subsequently arrested or convicted |
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of an offense; and |
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(B) a list of the most common offenses for which |
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participants were arrested or convicted; |
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(5) the revocation rate of program participants who |
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are on community supervision or parole and the reasons for the |
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revocations; |
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(6) information on the program's budget; and |
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(7) the turnover rate of department employees assigned |
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to the program and of employees of any entity implementing the |
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program under contract with the department. |
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(b) The department shall make the report available on the |
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department's Internet website. |
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(c) The department shall make the data used to produce the |
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report available on request to any college or university for |
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purposes of evaluating the program. |
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SECTION 4. Section 493.032, Government Code, as added by |
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Chapter 1163 (H.B. 3227), Acts of the 86th Legislature, Regular |
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Session, 2019, is amended by adding Subsection (d) to read as |
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follows: |
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(d) The department shall apply for grants from any public or |
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private source for the purpose of employing individuals to provide |
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peer support services to persons participating in a substance abuse |
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felony punishment program under Section 493.009. |
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SECTION 5. This Act takes effect September 1, 2021. |