Legislative Updates

(Contact Summer 2007)

Several bills of interest to TIFA members have passed both the Texas House and Senate and have been sent to the Governor. One bill of importance is the “pay telephone” bill, which was filed by the Governor on May 15 and will become law immediately. More details about this bill are elsewhere in the Contact.

SB 166, relating to prison diversion progressive sanctions was passed by both the House and the Senate and sent to the Governor on May 16. The bill provides that the Community Justice Assistance Division of TDCJ determine criteria for grants to probation departments to implement a system of progressive sanctions designed to reduce the revocation rate of defendants placed on community supervision.

SB 921 has also passed both the House and the Senate and was sent to the Governor on May 17. The most important part of this bill is the establishment of the Texas Health Care Policy Council.

HB 44, authored by Representative Terri Hodge, passed both the House and Senate and was sent to the Governor on May 23. This bill allows (but does not require) TDCJ to restore good conduct time forfeited by an offender for commission of an offense or violation of a rule.

HB 541, with SB1563, was also passed by both houses and sent to the Governor. This bill relates to procedures for certain persons charged with certain new offenses or an administrative violation of a condition of release. For certain parole violations, an offender may be released on bond, instead of being confined pending a parole violation hearing. Another bill, HB 312, has passed both Houses and has been sent to the Governor. This bill prevents indigent offenders from being unjustly revoked from probation from being unable to pay their fees.

HB 47 makes it possible for TDCJ to provide educational services (specifically GED) with state funding for those in Ad Seg. Although the bill does not require TDCj to do so, there is a strong likelihood that these offenders will receive GED instruction. In the early 90s the Legislature voted to prohibit the use of these funds for that purpose . The successful pilot by TIFA funded at the Hughes Unit utilized private foundation funding, making it possible for TDCJ to support this pilot effort without legislative authority. We believe that the TIFA pilot was a contributing factor to the successful path for this legislation.

HB 199 will provide a pilot, residential infant care program for mothers confined in Texas Department of Criminal Justice facilities through the first three months of a an infant’s life. This is a monumental step towards addressing the needs of pregnant female offenders entering TDCJ.

HB 2611 extends the release from TDCJ to medically recommended intensive supervision to additional offenders; primarily medically fragile elderly offenders who are seriously ill. SB 909 (the Sunset Bill) which relates to the continuation and functions of the Texas Board of Criminal Justice, the Texas Department of Criminal Justice, and the Correctional Managed Health Care Committee, and to the functions of the Board of Pardons and Paroles was also passed. Most of the recommendations by TIFA are reflected in the final version of the bill. Jerry Madden, chairman of the House Corrections Committee, has said that TDCJ (and TYC) will be reviewed again in 4 years (rather than 10) years from now.

When a bill is sent to the Governor, he may sign it, veto it, or allow it to become law without his signature. He has 15 days from the time he receives a bill to make a decision. Most bills will not become effective until September 1, 2007. Further, the effects of a bill are not completely known until rules are developed by the relevant state agency to implement the bill’s provisions. More information about each bill, including the full text, and the bill’s progress through the legislative process can be found on the Texas Legislature Online (http://www.legis.state.tx.us/) .