85R18497 MAW-D
 
  By: Parker, White, Rose, Zerwas, H.B. No. 3130
      Bonnen of Brazoria, et al.
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the establishment of an educational and vocational
  training pilot program for certain state jail felony defendants.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter L, Chapter 42A, Code of Criminal
  Procedure, is amended by adding Article 42A.562 to read as follows:
         Art. 42A.562.  PLACEMENT ON COMMUNITY SUPERVISION;
  EDUCATIONAL AND VOCATIONAL TRAINING PILOT PROGRAM.  (a)  Except as
  provided by Subsection (b), a judge assessing punishment in a state
  jail felony case may suspend the imposition of the sentence and
  place the defendant on community supervision with the conditions
  that the defendant:
               (1)  submit at the beginning of the term of community
  supervision to confinement in a state jail felony facility for a
  term not to exceed 90 days; and
               (2)  participate in a program operated under Section
  507.007, Government Code.
         (b)  A judge may not place a defendant on community
  supervision under this article if the defendant is or has
  previously been convicted of an offense under Title 5, Penal Code.
         (c)  Before a judge may place a defendant on community
  supervision under this article, the defendant must be assessed
  using the risk and needs assessment instrument adopted under
  Section 501.0921, Government Code, or a similar instrument that
  takes into consideration the defendant's prior criminal history. 
         (d)  Notwithstanding Article 42A.559(c), the judge shall
  credit against the time the defendant is required to serve under
  Subsection (a)(1) time the defendant served in a county jail from
  the time of the defendant's arrest until sentencing.
         (e)  Notwithstanding the minimum period of community
  supervision provided by Article 42A.553(a), a judge placing a
  defendant on community supervision under this article shall impose
  a period of community supervision not to exceed 270 days.
         (f)  A defendant placed on community supervision under this
  article must participate fully in the program described by
  Subsection (a)(2). The provisions of Subchapter P authorizing the
  judge to revoke a defendant's community supervision or otherwise
  sanction the defendant apply with respect to a defendant who
  violates the requirement of this subsection. 
         SECTION 2.  Subchapter A, Chapter 507, Government Code, is
  amended by adding Section 507.007 to read as follows:
         Sec. 507.007.  EDUCATIONAL AND VOCATIONAL TRAINING PILOT
  PROGRAM. (a) The department shall establish a pilot program to
  provide educational and vocational training, employment, and
  reentry services to defendants placed on community supervision and
  required to serve a term of confinement in a state jail felony
  facility under Article 42A.562, Code of Criminal Procedure.
         (b)  The department, in consultation with interested
  parties, shall determine the eligibility criteria for a defendant
  to participate in the pilot program, including requiring the
  defendant to arrange for suitable housing while participating in
  the program.
         (c)  The department, in consultation with interested
  parties, shall determine not more than four locations in this state
  in which the pilot program will operate. In determining the
  locations, the department shall consider locating the program in
  various regions throughout the state, including locations having a
  variety of population sizes. The department shall also give
  consideration to whether a risk and needs assessment is generally
  conducted before sentencing defendants in a particular location and
  to the degree to which local judges show support for the
  establishment of the program in a particular location.
         (d)  The department shall issue a request for proposals from
  public or private entities to provide services through the pilot
  program. The department shall select one or more qualified
  applicants to provide services through the program to eligible
  defendants.
         (e)  The pilot program consists of approximately 180 days of
  employment-related services and support and must include:
               (1)  an initial period during which the defendant will:
                     (A)  receive training and education related to the
  defendant's vocational goals; and
                     (B)  be employed by the provider;
               (2)  job placement services designed to provide
  employment for the defendant after the period described by
  Subdivision (1);
               (3)  assistance in obtaining a high school diploma or
  industry certification for applicable defendants;
               (4)  life-skills training, including information about
  budgeting and money management; and
               (5)  counseling and mental health services.
         (f)  The department shall limit the number of defendants who
  may participate in the program to not more than 45 defendants per
  quarter per program location.
         (g)  The department shall pay providers not less than $40 per
  day for each participant.
         SECTION 3.  Not later than September 1, 2019, the Texas
  Department of Criminal Justice shall establish the pilot program
  required by Section 507.007, Government Code, as added by this Act.
         SECTION 4.  Article 42A.562, Code of Criminal Procedure, as
  added by this Act, applies only to a defendant who receives a
  sentence of confinement in a state jail on or after September 1,
  2019. A defendant who receives a sentence of confinement in a state
  jail before September 1, 2019, is governed by the law in effect
  immediately before the effective date of this Act, and the former
  law is continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2017.