BILL ANALYSIS
| Senate Research Center | S.B. 2405 |
| 89R9898 BCH/JDK-D | By: Parker et al. |
| | Criminal Justice |
| | 4/7/2025 |
| | As Filed |
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
The Texas Department of Criminal Justice (TDCJ) works with the Board of Pardons and Paroles (BPP), Windham School District, and the Correctional Managed Health Care Committee to confine, supervise, and provide services for adults convicted of certain crimes in Texas. The Sunset Advisory Commission (Sunset) found that some Texas prison locations make hiring sufficient correctional staff nearly impossible, compounding TDCJ's prison capacity challenges as the agency faces a rising inmate population and significant modernization needs, and made recommendations accordingly. Sunset's recommendations also address deficiencies in TDCJ's approach to rehabilitation programs and would improve TDCJ's parole supervision activities to ease burdens on the parole staff who serve a critical public safety role in Texas communities.
Windham provides educational programs and services in the correctional setting. Sunset found Windham to be well-functioning and recommends postsecondary education administration transfer from TDCJ to Windham and that TDCJ work with Windham to create a strategic plan for its rehabilitation and reentry programs. Separately, Sunset found the Correctional Managed Health Care Committee's role, which primarily is to develop and approve a managed healthcare plan for inmates, to be functioning adequately, and only made recommendations to conform committee statutes to standard Sunset language generally applied to all state agencies.
Finally, Sunset made recommendations to improve the fairness, consistency, and transparency of the decision-making processes of BPP, which makes clemency recommendations and determines which eligible inmates to release early from TDCJ custody. These recommendations include BPP better collaborating with TDCJ to regularly assess the application of special parole conditions and improving BPP's Medically Recommended Intensive Supervision (MRIS) process.
TDCJ is subject to abolishment under the Sunset Act on September 1, 2025, unless continued by the legislature. The other three entities are not subject to abolishment and would be reviewed again alongside TDCJ if continued.
As proposed, S.B. 2405 amends current law 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.
RULEMAKING AUTHORITY
Rulemaking authority is expressly granted to the Texas Board of Criminal Justice in SECTION 12 (Section 499.101, Government Code), SECTION 28 (Section 508.1131, Government Code), and SECTION 29 (Section 508.1142, Government Code) of this bill.
Rulemaking authority is expressly granted to the Board of Pardons and Paroles in SECTION 32 (Section 508.146, Government Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 19.003, Education Code, to provide that the goals of the Windham School District (district) in educating its students includes certain initiatives, including increasing the success of former students, rather than former inmates, in obtaining and maintaining employment, and providing an incentive to students, rather than inmates, to behave in positive ways during confinement or imprisonment.
SECTION 2. Amends Section 19.004(c), Education Code, as follows:
(c) Requires the district to:
(1) develop educational programs specifically designed for persons eligible under Section 19.005 (Eligibility for Certain Programs and Services) and ensure that those programs, such as high school equivalency certificate, rather than GED, and English as a second language are integrated with an applied career and technical, rather than vocational, context leading to employment;
(2)-(3) redesignates existing Subdivisions (1-a)-(1-b) as Subdivisions (2)-(3) and makes conforming changes; and
(4) redesignates existing Subdivisions (2) as Subdivisions (4) and makes no further changes.
Makes nonsubstantive changes.
SECTION 3. Amends Section 19.0041(a), Education Code, to make a conforming change.
SECTION 4. Amends Section 19.0042, Education Code, as follows:
Sec. 19.0042. New heading: INFORMATION TO BE PROVIDED BY DISTRICT BEFORE CAREER AND TECHNICAL EDUCATION PROGRAM ENROLLMENT. Makes conforming changes.
SECTION 5. Amends Section 19.010(a), Education Code, to make a conforming change.
SECTION 6. Amends Section 19.011, Education Code, by amending Subsection (b) and adding Subsection (c), as follows:
(b) Makes a conforming change to this subsection.
(c) Authorizes the district to share data with the Texas Higher Education Coordinating Board (THECB) for the purpose of administering postsecondary education programs within the Texas Department of Criminal Justice (TDCJ).
SECTION 7. Amends Section 492.002(a), Government Code, to require at least two members of the Texas Board of Criminal Justice (TBCJ) to have significant business or corporate experience.
SECTION 8. Amends Section 492.0031, Government Code, by amending Subsection (b) and adding Subsection (d), as follows:
(b) Requires that the training program for a person who is appointed to and qualifies for office as a member of TBCJ provide the person with information regarding:
(1) the law governing TDCJ operations, rather than the legislation that created TDCJ and TBCJ;
(2) the programs, functions, rules, and budget of TDCJ, rather than the programs operated by TDCJ;
(3) the scope of and limitations on the rulemaking authority of TBCJ, rather than the role and functions of TDCJ;
(4) redesignates existing Subdivisions (5) and (6) as Subdivision (4);
(5) redesignates existing Subdivision (7) as Subdivision (5); the requirements of the laws relating to open meetings, public information, administrative procedure, and disclosing conflicts of interest, rather than the open meets law, Chapter 551 (Open Meetings), and other laws applicable to members of a state policy-making body in performing their duties, rather than the public information law, Chapter 552 (Public Information); and
(6) redesignates existing Subdivision (8) as Subdivision (6).
Deletes existing text requiring that the training program provide the person with information regarding the rules of TDCJ, with an emphasis on the rules that relate to disciplinary and investigatory authority, the current budget for TDCJ, and the requirements of the administrative procedure law, Chapter 2001 (Administrative Procedure), and other laws relating to public officials, including conflict of interest laws. Makes nonsubstantive changes.
(d) Requires the executive director of TDCJ (executive director) to create a training manual that includes the information required by Subsection (b). Requires the executive director to distribute a copy of the training manual annually to each member of TBCJ. Requires each member of TBCJ to sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.
SECTION 9. Amends Section 492.012, Government Code, to provide that, unless continued in existence as provided by Chapter 325 (Texas Sunset Act), TBCJ and TDCJ are abolished September 1, 2037, rather than September 1, 2025.
SECTION 10. Amends Chapter 493, Government Code, by adding Sections 493.0084 and 493.036, as follows:
Sec. 493.0084. INVENTORY AND EVALUATION OF ACTIVE PROGRAMS. (a) Requires TDCJ to develop and maintain a comprehensive inventory of active programs offered in TDCJ facilities, including peer-led programs and volunteer-led programs, that includes information for each program including program goals, program capacity and enrollments, and facilities where the program is offered.
(b) Requires TDCJ to make the inventory available to the public on TDCJ's Internet website and continuously update the inventory.
(c) Requires TDCJ to collect and analyze data for the programs described by Subsection (a) to evaluate the effectiveness of the programs and to improve program offerings.
(d) Requires TDCJ, in carrying out TDCJ's duties under Subsection (c), to:
(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 institutional disciplinary violations, subsequent arrests, subsequent convictions or confinements, employment obtained following release, and 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) Authorizes TDCJ to make structural or programmatic adjustments to improve program performance in response to a program evaluation under this section indicating poor program performance.
(f) Requires TDCJ, not later than December 1 of each even-numbered year, to submit a report on TDCJ's analysis of programs described by Subsection (a) to certain entities.
(g) Authorizes TDCJ to 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) Requires TDCJ to prepare a 10-year plan that identifies TDCJ's facility and capacity needs and includes recommendations for how the state can house inmates in facilities that are adequately staffed.
(b) Requires that the plan under Subsection (a) include certain plans and evaluations.
(c) Provides that, in developing the plan under Subsection (a), TDCJ is required to consider the various regional needs of the state, including any ancillary or community benefits associated with TDCJ facilities, and is authorized to contract with a third party as needed.
(d) Requires TDCJ, in identifying potential facilities for closure as part of the phased implementation plan described by Subsection (b)(5) (relating to requiring that the plan under Subsection (a) include a phased implementation plan for closing facilities with persistent staffing challenges), to consider, at a minimum, certain factors with respect to each facility.
(e) Requires TDCJ, not later than September 1, 2026, and every fourth anniversary of that date, to submit the plan to TBCJ for approval, and the approved plan to certain officials.
SECTION 11. Amends Section 497.022, Government Code, to make nonsubstantive changes.
SECTION 12. Amends Section 499.101, Government Code, as follows:
Sec. 499.101. New heading: MAXIMUM CAPACITIES. (a) Requires TBCJ by rule to establish maximum capacities for the units in the institutional division. Deletes existing text providing certain maximum capacities for certain units in the institutional division.
(b) Provides that it is the intent of the legislature that as case law evolves and indicates that maximum capacities for units in the institutional division, rather than established under Subsection (a), are authorized to be increased, the staff of the institutional divisions is required to use the procedures established by Subchapter E (Unit and System Capacity) to increase those capacities.
SECTION 13. Amends Section 499.102(a), Government Code, to make a conforming change.
SECTION 14. Amends Subchapter F, Chapter 499, Government Code, by adding Section 499.1214, as follows:
Sec. 499.1214. PEN PACKET SUBMISSION TRAINING. Requires TDCJ to develop and provide annual training for county employees on the submission of documents required before TDCJ takes custody of a person being transferred from a county jail to TDCJ, including documents required under Sections 8(a) (relating to requiring a county that transfers a defendant to TDCJ to deliver certain written information to an officer designated by TDCJ) and (c) (relating to requiring a county that transfers a defendant to TDCJ to also deliver to the designated officer certain reports and evaluations), Article 42.09 (Commencement of Sentence; Status During Appeal; Pen Packet), Code of Criminal Procedure.
SECTION 15. Amends Section 501.009, Government Code, as follows:
Sec. 501.009. New heading: VOLUNTEER AND FAITH-BASED ORGANIZATIONS. (a) Requires TDCJ to adopt a policy that requires TDCJ staff responsible for rehabilitation and reentry programs and services, rather than each warden, to identify volunteer and faith-based organizations that provide programs for inmates housed in facilities operated by TDCJ. Requires that the policy require the staff, rather than each warden, to actively encourage volunteer and faith-based organizations to provide certain programs for inmates in TDCJ facilities, rather than the warden's facility.
(b) Requires that the policy require 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) Creates this subsection from existing text. Requires TDCJ to include in the annual report required under Section 493.0084(f) a summary of:
(1) makes no changes to this subdivision; and
(2) makes conforming changes to this subdivision.
Deletes existing text requiring that the policy require that each warden submit a report to TBCJ not later than December 31 of each year that includes, for the preceding fiscal year, a summary of certain information.
SECTION 16. Amends Section 501.017(b), Government Code, to prohibit TDCJ from enforcing a claim or lien established under Section 501.017 (Cost of Confinement as Claim) if the inmate has a surviving spouse or a surviving dependent or child with a disability, rather than a disabled child.
SECTION 17. Amends Section 501.054(h), Government Code, to require TDCJ to report to the legislature not later than December 1 of each even-numbered year, rather than January 15 of each odd-numbered year, concerning the implementation of Section 501.054 (AIDS and HIV Education; Testing) and the participation of inmates and employees of TDCJ in education programs established under this section.
SECTION 18. Amends Sections 501.057(a) and (b), Government Code, to make nonsubstantive changes.
SECTION 19. Amends the heading to Section 501.069, Government Code, to read as follows:
Sec. 501.069. OFFENDERS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES PROGRAM.
SECTION 20. Amends Section 501.092(i), Government Code, to require TDCJ, not later than December 1 of each even-numbered year, rather than September 1 of each even-numbered year, to deliver a report of the results of evaluations conducted under Subsection (b)(7) (relating to requiring that the reenntry and reintegration plan provide for evaluating the effectiveness of the services provided to offenders) to certain government entities having primary jurisdiction over TDCJ.
SECTION 21. Amends Subchapter C, Chapter 501, Government Code by adding Section 501.104, as follows:
Sec. 501.104. STRATEGIC PLAN FOR REHABILITATION AND REENTRY PROGRAMS. (a) Defines "parole-voted program."
(b) Requires TDCJ and the Windham School District to jointly develop a strategic plan for the provision of rehabilitation and reentry programs to inmates. Requires that the strategic plan include program objectives and timelines intended to increase program efficiencies, including eliminating delays in placing inmates into parole-voted programs, reduce program redundancies, incorporate new evidence-based and evidence-informed program approaches, and incorporate technology-based solutions.
(b-1) Requires that the strategic plan 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. Provides that this subsection expires December 31, 2027.
(c) Requires TDCJ, in developing the strategic plan, to evaluate therapeutic service contracts and obligations and renegotiate the contracts and obligations as necessary to meet current and projected program needs.
(d) Requires TDCJ and the Windham School District to jointly update the strategic plan at least once every five years.
(e) Requires TDCJ and the Windham School District, not later than December 1 of each even-numbered year, to submit a joint report on the implementation of the strategic plan to certain government entities.
(f) Requires TDCJ and the Windham School District, in preparing the report under Subsection (e), to consider the most recent report prepared under Section 501.103 (Annual Report).
SECTION 22. Amends Section 501.138(c), Government Code, as follows:
(c) Requires the executive director, if the executive director, rather than the managed health care administrator, has knowledge that a potential ground for removal exists, to notify the presiding officer of the committee of the potential ground. Requires the executive director, rather than the managed health care administrator, if the potential ground for removal involves the presiding officer, to notify the next highest ranking officer of the committee, who is required to then notify the governor and the attorney general that a potential ground for removal exists.
SECTION 23. Amends Section 501.140, Government Code, by amending Subsection (b) and adding Subsection (d), as follows:
(b) Requires that the training program provide the person with information regarding:
(1) the law governing the Correctional Managed Health Care Committee (committee) operations, rather than the legislation that created the committee;
(2) the programs, functions, rules, and budget of the committee, rather than the programs operated by, the committee;
(3) the scope of and limitations on the rulemaking authority of the committee, rather than the role and functions of the committee;
(4) redesignates existing Subdivision (6) as Subdivision (4) and makes no further changes;
(5) the requirements of laws relating to open meetings, public information, administrative procedure, and disclosing conflicts of interest, rather than the open meetings law, Chapter 551, and other laws applicable to members of a state policy-making body in performing their duties; and
(6) any applicable ethics policies adopted by TDCJ, rather than the committee, or the Texas Ethics Commission (TEC).
Deletes existing text requiring that the training program provide the person with information regarding the rules of the committee with an emphasis on the rules that relate to disciplinary and investigatory authority, the current budget for the committee, and the requirements of the public information law, Chapter 552, the administrative procedure law, Chapter 2001, and other laws relating to public officials, including conflict-of-interest laws.
(d) Requires the executive director to create a training manual that includes the information required by Subsection (b). Requires the executive director to distribute a copy of the training manual annually to each member of the committee. Requires each member of the committee to sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.
SECTION 24. Amends Section 508.036, Government Code, by adding Subsection (a-1), as follows:
(a-1) Requires that a report under Subsection (a)(5) (relating to requiring the presiding officer to report at least annually to the governor and the legislature on certain parole information) include:
(1) certain information with respect to the release of inmates on medically recommended intensive supervision under Section 508.146 (Medically Recommended Intensive Supervision) for the preceding 10-year period;
(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 (Hearings and Sanctions); 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. Amends Section 508.0362, Government Code, by amending Subsections (a) and (b) and adding Subsection (d), as follows:
(a) Redesignates existing Subdivisions (a)(1) and (a)(2) as Subsection (a). Prohibits a person who is appointed to and qualifies for office as a member of the Board of Pardons and Paroles (BPP) from voting, deliberating, or being counted as a member in attendance at a meeting of BPP until the person completes a training program, rather than at least one course of a training program, that complies with Section 508.0362 (Training Required). Prohibits a parole commissioner employed by BPP from voting or deliberating on a matter described by Section 508.0441 (Release and Revocation Duties) until the person completes a training program, rather than at least one course of a training program, that complies with this section.
(b) Requires that the training program provide the person with information regarding:
(1) the law governing BPP operations, rather than the legislation that created BPP;
(2) the programs, functions, rules, and budget of BPP, rather than the programs operated by BPP;
(3) the scope of and limitations on the rulemaking authority of BPP, rather than the role and functions of BPP and parole commissioners;
(4) redesignates existing Subdivision (6) as Subdivision (4) and makes no further changes;
(5) the requirements of laws relating to open meetings, public information, administrative procedure, and disclosing conflicts of interest, rather than the open meetings law, Chapter 551, and other laws applicable to members of a state policy-making body in performing their duties; and
(6) any applicable ethics policies adopted by BPP or TEC.
Deletes existing text requiring that the training program provide information regarding the rules of BPP, the current budget for BPP, and the requirements of the conflict of interest laws and other laws relating to public officials. Makes nonsubstantive changes.
(d) Requires the BPP administrator to create a training manual that includes the information required by Subsection (b). Requires the BPP administrator to distribute a copy of the training manual annually to each BPP member and parole commissioner. Requires each BPP member and parole commissioner to sign and submit to the BPP administrator a statement acknowledging that the person received and has reviewed the training manual.
SECTION 26. Amends Subchapter B, Chapter 508, Government Code by adding Sections 508.0421 and 508.0455, as follows:
Sec. 508.0421. TRAINING PROGRAM ON MEDICALLY RECOMMENDED INTENSIVE SUPERVISION. (a) Requires BPP to 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. Requires that the program include:
(1) background information on medically recommended intensive supervision; and
(2) training and education regarding certain information.
(b) Requires BPP, in developing the training program, to use available data on medically recommended intensive supervision and consult with the pardons and paroles division (division) and a practicing physician and psychiatrist as needed.
(c) Requires BPP to develop a condensed version of the training program that includes only the training and education described by Subsection (a)(2).
(d) Prohibits a member of a parole panel described by Section 508.146(e) (relating to authorizing parole panels composed of the presiding officer of the board and two members appointed to the panel by the presiding officer to make certain determinations) from participating 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). Requires each member to 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. Requires BPP to 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) Requires BPP to coordinate with TDCJ 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) Requires BPP, using the data collected under Subsection (a), to determine a method for evaluating the consistency of revocation decisions across all three-voter parole panels.
(c) Requires BPP to 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 (Designee Training; Handbook) and 508.042 (Training Program for Members and Parole Commissioners).
SECTION 27. Amends Section 508.054(c), Government Code, to require BPP to periodically notify the complaint parties of the status of the complaint until final disposition unless the notice would jeopardize an ongoing investigation.
SECTION 28. Amends Section 508.1131, Government Code, by amending Subsection (a) and adding Subsection (a-1), as follows:
(a) Requires TBCJ by rule, rather than the executive director, to adopt a salary career ladder for parole officers. Requires TBCJ, in adopting the salary career ladder, in consultation with relevant stakeholders, to review the current salary structure and align the salary career ladder with the future needs of TDCJ.
(a-1) Authorizes TBCJ to revise the salary career ladder as needed, rather than requiring that the salary career ladder base a parole officer's salary on the officer's classification and years of service with TDCJ.
SECTION 29. Amends Section 508.1142, Government Code, as follows:
Sec. 508.1142. PAROLE OFFICER MAXIMUM CASELOADS. (a) Requires TBCJ by rule to establish guidelines for a maximum caseload for a parole officer. Deletes existing text requiring TDCJ to adopt a policy that establishes guidelines for a maximum caseload for each parole officer of certain number of active releases in certain programs.
(b) Provides that TBCJ is required to periodically review the guidelines established under Subsection (a) to ensure that the guidelines are achievable and informed by research-supported supervision practices and is authorized to revise the guidelines as needed.
(c) Requires TDCJ to conduct a job task analysis and workload study with respect to parole officers before TBCJ adopts or amends the guidelines under this section. Deletes existing text requiring TDCJ, if TDCJ is unable to meet the maximum caseload guidelines, to submit a report to the Legislative Budget Board, at the end of each fiscal year in which TDCJ fails to meet the guidelines, stating the amount of money needed by TDCJ to meet the guidelines.
SECTION 30. Amends Subchapter D, Chapter 508, Government Code, by adding Sections 508.1143 and 508.120, as follows:
Sec. 508.1143. REPORT ON PAROLE SUPERVISION APPROACHES AND MAXIMUM CASELOADS. (a) Requires TDCJ, not later than September 1, 2026, in consultation with relevant stakeholders, to:
(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 TBCJ, BPP, the governor, the lieutenant governor, the speaker of the house of representatives, and each standing committee of the legislature with primary jurisdiction over TDCJ.
(b) Requires that the report 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 TDCJ pilot project assessing changes to parole officer supervision practices and caseload approaches.
(c) Prohibits a pilot project assessing supervision practices and caseload approach changes described by Subsection (b)(2) from being implemented statewide before submission of the report required by Subsection (a)(2).
(d) Provides that this section expires September 1, 2027.
Sec. 508.120. PROHIBITION ON CERTAIN DIVISION ACTIONS INVOLVING SPECIAL CONDITIONS. Prohibits the division from making recommendations regarding the imposition of a special condition before an inmate is released on parole or to mandatory supervision or reviewing the voting decisions of a parole panel with respect to the imposition of a special condition.
SECTION 31. Amends Section 508.1445(b), Government Code, as follows:
(b) Requires that the annual report on required guidelines include:
(1) no changes made to this subdivision;
(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, rather than regional offices, and the state as a whole;
(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 BPP 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.
Makes nonsubstantive changes.
SECTION 32. Amends Section 508.146, Government Code, by adding Subsections (g), (h), (i), and (j), as follows:
(g) Requires BPP to adopt rules to administer Section 508.146. Requires that the rules:
(1) specify the procedures for evaluating the prognosis of inmates who are eligible for medically recommended intensive supervision under Subsection (a) (relating to authorizing an inmate to be released if a certain medical condition of terminal illness or long-term care has been diagnosed by a physician) 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) (relating to if the parole panel determines that the inmate does not constitute a threat to public safety) and (f) (relating to if the parole panel determines that on release the inmate would be deported to another country and that the inmate does not constitute a threat to public safety) and specify the factors that a parole panel described by Subsection (e) is required to consider when determining whether an inmate constitutes a threat to public safety.
(h) Requires that the procedures described by Subsection (g)(1):
(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) Requires BPP to consult with certain other relevant entities for purposes of establishing information required in the report under Subsection (h)(2)(C).
(j) Provides that 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. Authorizes BPP to release the information or redact or otherwise withhold the information from disclosure under Chapter 552.
SECTION 33. Amends Section 508.152, Government Code, by adding Subsection (b-3), as follows:
(b-3) Requires that an inmate's individual treatment plan, for purposes of Subsection (b-1)(1) (relating to requiring that the inmate's plan includes a record of the inmate's institutional progress) include a comprehensive list, in plain language, of the inmate's program participation that:
(1) includes state-funded programs, intensive volunteer programs, and 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. Amends Subchapter E, Chapter 508, Government Code, by adding Sections 508.1521 and 508.158, as follows:
Sec. 508.1521. REQUIRED INDIVIDUAL TREATMENT PLAN PROGRAMS AND PAROLE-VOTED PROGRAMS. (a) Defines "parole-voted program" and "required individual treatment plan program."
(b) Requires TDCJ, BPP and the Windham School District to develop and coordinate certain plans, programs, and procedures.
(c) Provides that, in developing and maintaining the required individual treatment plan programs list, TDCJ and the Windham School District have joint authority to decide which programs are included on the required individual treatment plan list.
(d) Requires TDCJ and the Windham School District, in developing and maintaining the parole-voted programs list, to present programming options and program evaluation results to BPP, provided that BPP has the sole authority to decide which programs are included on the parole-voted programs list.
(e) Requires TDCJ to:
(1) collect and analyze certain parole-voted program data on a rolling basis;
(2) use the data described by Subdivision (1) to calculate parole-voted program waitlist times, track and reduce parole-voted program enrollment timelines, and 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) Requires TDCJ to 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) Requires BPP and TDCJ to jointly establish a work group consisting of BPP 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) Requires the work group to discuss the efficacy of special conditions, assess the continuing need for the use of specific special conditions, and identify potential modifications to special conditions for BPP to consider adopting.
(c) Requires the work group, in discussing the efficacy of special conditions under Subsection (b), to solicit input from parole officers and other relevant parties.
(d) Requires the work group to meet annually.
SECTION 35. Amends Section 614.009, Health and Safety Code, as follows:
Sec. 614.009. BIENNIAL REPORT. Requires the Texas Correctional Office on Offenders with Medical or Mental Impairments (TCOOMMI), not later than December 1, of each even-numbered year, rather than February 1 of each odd-numbered year, to present to BPP and file with the governor, lieutenant governor, and speaker of the house of representatives a report giving the details of TCOOMMI's activities during the preceding biennium. Requires that the report include certain information, including information on the provision of services under Section 614.021 (Services for Wrongfully Imprisoned Persons) to wrongfully imprisoned persons. Makes nonsubstantive changes.
SECTION 36. Repealers: Section 494.011 (Assessment of Unit Design and Security Systems) and 497.111 (Advisory Committee on Agriculture), Government Code.
Repealer: Section 501.062(c) (relating to requiring TDCJ to submit to the legislature a report that compares the rate of recidivism of sex offenders released from the institutional division who have undergone an orchiectomy to the rate of recidivism of those sex offenders who have not), Government Code.
Repealers: Sections 507.003 (Regions) and 507.004 (Allocation Policies), Government Code.
Repealers: Sections 508.1131(b) (relating to requiring TDCJ, for purposes of the salary schedule, to classify certain parole officer positions) and (c) (relating to providing that a certain parole officer to whom the schedule applies is entitled to an annual salary increase), Government Code.
Repealer: Section 614.021(c) (relating to requiring TCOOMMI to submit an annual report to the legislature on the provision of services to wrongfully imprisoned persons), Health and Safety Code.
SECTION 37. Provides that the change in law made by this Act to Section 492.002 (Composition of Board; Compensation of Members), Government Code, does not affect the entitlement of a member serving on TBCJ before the effective date of this Act to continue to serve for the remainder of the member's term. Requires the governor, as the terms of members expire, to appoint or reappoint members who have the qualifications required by Section 492.002(a), Government Code, as amended by this Act.
SECTION 38. (a) Makes application of Sections 492.0031 (Training Program for Members), 501.140 (Training), and 508.0362, Government Code, as amended by this Act, prospective.
(b) Provides that a member of TBCJ, the Correctional Managed Health Care Committee, or BPP 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 those sections of Government Code, as applicable. Prohibits a member described by this subsection from voting, deliberating, or being 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) Makes application of Section 508.0362, Government Code, as amended by this Act, prospective.
(b) Provides that 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. Prohibits a parole commissioner described by this subsection from voting or deliberating 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. Provides that, as soon as practicable after the effective date of this Act:
(1) TBCJ is required to adopt the rules required by Sections 499.101(a), 508.1131 (Salary Career Ladder for Parole Officers), and 508.1142, Government Code, as amended by this Act; and
(2) BPP is required to adopt the rules required by Section 508.146(g), Government Code, as added by this Act.
SECTION 41. (a) Requires BPP, not later than December 1, 2025, to make the training required by Section 508.0421, Government Code, as added by this Act, available to BPP members and parole commissioners described by Subsection (a) of that section.
(b) Provides that, 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. Provides that, not later than September 1, 2026:
(1) TDCJ and the Windham School District are required to develop the strategic plan required by Section 501.104, Government Code, as added by this Act; and
(2) TDCJ is required to 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. Provides that BPP 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. Effective date: September 1, 2025.
