CHAPTER 413. CRIMINAL JUSTICE POLICY COUNCIL
GOVERNMENT CODE
TITLE 4. EXECUTIVE BRANCH
SUBTITLE B. LAW ENFORCEMENT AND PUBLIC PROTECTION
CHAPTER 413. CRIMINAL JUSTICE POLICY COUNCIL
Sec. 413.001. DEFINITION. In this chapter, "policy council"
means the Criminal Justice Policy Council.
Amended by Acts 1997, 75th Leg., ch. 298, Sec. 1, eff. Sept. 1,
1997.
Sec. 413.002. CRIMINAL JUSTICE POLICY COUNCIL. The Criminal
Justice Policy Council is an agency of the state.
Amended by Acts 1997, 75th Leg., ch. 298, Sec. 1, eff. Sept. 1,
1997.
Sec. 413.004. EXECUTIVE DIRECTOR. (a) The policy council is
under the direction of an executive director.
(b) The executive director is appointed by the governor with the
advice and consent of the senate. The appointment of an executive
director shall be made without regard to the race, color,
disability, sex, religion, age, or national origin of the
appointee.
(c) A person is not eligible for appointment as the executive
director if the person or the person's spouse:
(1) is employed by or participates in the management of a
business entity or other organization receiving funds from the
policy council;
(2) owns or controls, directly or indirectly, more than a 10
percent interest in a business entity or other organization
receiving funds from the policy council; or
(3) uses or receives a substantial amount of tangible goods,
services, or funds from the policy council, other than
compensation or reimbursement authorized by law for the executive
director.
(d) The executive director may not work for any agency or office
of the state other than the policy council and may not perform
duties for any other state agency or office that negatively
affect the performance of the executive director's duties as
executive director of the policy council.
(e) It is a ground for removal from the position of executive
director if the appointee:
(1) is disqualified for the position under Subsection (c) or
engages in an activity after appointment that, under Subsection
(c), would have disqualified the person for appointment to the
position;
(2) violates a prohibition established by Subsection (d) or
Section 413.006; or
(3) cannot because of illness or disability discharge the
executive director's duties.
Amended by Acts 1997, 75th Leg., ch. 298, Sec. 1, eff. Sept. 1,
1997.
Sec. 413.005. STAFF. (a) The executive director may employ
personnel necessary to administer the responsibilities of the
policy council.
(b) The executive director or the executive director's designee
shall provide to policy council employees, as often as necessary,
information regarding their qualification for employment under
this chapter and their responsibilities under applicable laws
relating to standards of conduct for state employees.
(c) The executive director or the executive director's designee
shall develop an intra-agency career ladder program that
addresses opportunities for mobility and advancement for
employees within the policy council. The program shall require
intra-agency posting of all positions concurrently with any
public posting.
(d) The executive director or the executive director's designee
shall develop a system of annual performance evaluations that are
based on documented employee performance. All merit pay for
policy council employees must be based on the system established
under this subsection.
(e) The executive director or the executive director's designee
shall prepare and maintain a written policy statement to assure
implementation of a program of equal employment opportunity under
which all personnel transactions are made without regard to race,
color, disability, sex, religion, age, or national origin. The
policy statement must include:
(1) personnel policies, including policies relating to
recruitment, evaluation, selection, appointment, training, and
promotion of personnel that are in compliance with requirements
of Chapter 21, Labor Code;
(2) a comprehensive analysis of the policy council work force
that meets federal and state guidelines;
(3) procedures by which a determination can be made about the
extent of underuse in the policy council work force of all
persons for whom federal or state guidelines encourage a more
equitable balance; and
(4) reasonable methods to appropriately address those areas of
underuse.
(f) A policy statement prepared under Subsection (e) must cover
an annual period, be updated annually and reviewed by the
Commission on Human Rights for compliance with Subsection (e)(1),
and be filed with the governor's office.
(g) The governor's office shall deliver a biennial report to the
legislature based on the information received under Subsection
(f). The report may be made separately or as a part of other
biennial reports made to the legislature.
Amended by Acts 1997, 75th Leg., ch. 298, Sec. 1, eff. Sept. 1,
1997.
Sec. 413.006. CONFLICT OF INTERESTS. (a) An officer, employee,
or paid consultant of a Texas trade association in the field of
criminal justice may not be the executive director of the policy
council or an employee of the policy council who is exempt from
the state's position classification plan or is compensated at or
above the amount prescribed by the General Appropriations Act for
step 1, salary group 17, of the position classification salary
schedule.
(b) A person who is the spouse of an officer, manager, or paid
consultant of a Texas trade association in the field of criminal
justice may not be the executive director of the policy council
and may not be an employee of the policy council who is exempt
from the state's position classification plan or is compensated
at or above the amount prescribed by the General Appropriations
Act for step 1, salary group 17, of the position classification
salary schedule.
(c) A person may not serve as the executive director of the
policy council or act as the general counsel to the policy
council if the person is required to register as a lobbyist under
Chapter 305, Government Code, because of the person's activities
for compensation on behalf of a profession related to the
operation of the policy council.
(d) For the purposes of this section, a Texas trade association
is a nonprofit, cooperative, and voluntarily joined association
of business or professional competitors in this state designed to
assist its members and its industry or profession in dealing with
mutual business or professional problems and in promoting their
common interest.
Amended by Acts 1997, 75th Leg., ch. 298, Sec. 1, eff. Sept. 1,
1997.
Sec. 413.007. APPOINTMENT OF OTHER ADVISORY BODIES. The
governor may establish other advisory councils, task forces, or
commissions the governor considers necessary to advise the policy
council or to accomplish the purposes of this chapter.
Amended by Acts 1997, 75th Leg., ch. 298, Sec. 1, eff. Sept. 1,
1997.
Sec. 413.008. GENERAL DUTY OF POLICY COUNCIL. The policy
council shall develop means to promote a more effective and
cohesive state criminal justice system.
Amended by Acts 1997, 75th Leg., ch. 298, Sec. 1, eff. Sept. 1,
1997.
Sec. 413.009. DUTIES OF POLICY COUNCIL. (a) To accomplish its
duties the policy council shall:
(1) conduct an in-depth analysis of the criminal justice system;
(2) determine the long-range needs of the criminal justice
system and recommend policy priorities for the system;
(3) identify critical problems in the criminal justice system
and recommend strategies to solve those problems;
(4) assess the cost-effectiveness of the use of state and local
funds in the criminal justice system;
(5) recommend means to improve the deterrent and rehabilitative
capabilities of the criminal justice system;
(6) advise and assist the legislature in developing plans,
programs, and proposed legislation for improving the
effectiveness of the criminal justice system;
(7) evaluate the rehabilitative capabilities of a
state-administered sex offender treatment program and, based on
that evaluation, determine if the program is necessary;
(8) make computations of daily costs and compare interagency
costs on services provided by agencies that are a part of the
criminal justice system;
(9) make population computations for use in planning for the
long-range needs of the criminal justice system;
(10) determine long-range information needs of the criminal
justice system and acquire that information;
(11) engage in other activities consistent with the
responsibilities of the policy council; and
(12) cooperate with the Crime Victims' Institute by providing
information and assistance to the institute relating to the
improvement of crime victims' services.
(b) In addition to the policy council's other duties under this
chapter, the policy council may perform any function described in
Subsection (a) to promote an effective and cohesive juvenile
justice system.
Amended by Acts 1997, 75th Leg., ch. 298, Sec. 1, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 445, Sec. 16, eff. Sept. 1, 1997;
Acts 1999, 76th Leg., ch. 62, Sec. 8.07, eff. Sept. 1, 1999.
Sec. 413.010. CONSULTATION WITH LEGISLATIVE OFFICIALS. In
setting the priorities for the research projects of the policy
council, the executive director of the policy council shall
consult the governor, the lieutenant governor, the speaker of the
house of representatives, the presiding officer of each standing
committee of the senate and house of representatives having
primary jurisdiction over criminal justice issues, and the
presiding officer of each standing committee of the senate and
house of representatives having primary jurisdiction over matters
relating to state finance and appropriations from the state
treasury.
Amended by Acts 1997, 75th Leg., ch. 298, Sec. 1, eff. Sept. 1,
1997.
Sec. 413.011. CONTRACTUAL AUTHORITY. The policy council may
contract with public or private entities in the performance of
its responsibilities.
Amended by Acts 1997, 75th Leg., ch. 298, Sec. 1, eff. Sept. 1,
1997.
Sec. 413.012. FUNDS; GRANTS AND DONATIONS. (a) All money paid
to the policy council under this chapter is subject to Subchapter
F, Chapter 404, Government Code.
(b) The executive director shall prepare annually a complete and
detailed written report accounting for all funds received and
disbursed by the policy council during the preceding fiscal year.
The annual report must meet the reporting requirements applicable
to financial reporting provided in the General Appropriations
Act.
(c) The policy council may accept grants and donations from
public and private entities in addition to legislative
appropriations.
Amended by Acts 1997, 75th Leg., ch. 298, Sec. 1, eff. Sept. 1,
1997.
Sec. 413.013. CRIMINAL JUSTICE PLAN; BIENNIAL REPORT. (a) The
policy council biennially shall submit to the legislature a plan
detailing the actions necessary to promote an effective and
cohesive criminal justice system.
(b) The policy council shall include in the plan a report of its
activities and the recommendations it makes under Section
413.009.
Amended by Acts 1997, 75th Leg., ch. 298, Sec. 1, eff. Sept. 1,
1997.
Sec. 413.014. STATISTICAL ANALYSIS CENTER. The policy council
shall serve as the statistical analysis center for the state and
as the liaison for the state to the United States Department of
Justice on criminal justice issues of interest to the state and
federal government relating to data, information systems, and
research.
Amended by Acts 1997, 75th Leg., ch. 298, Sec. 1, eff. Sept. 1,
1997.
Sec. 413.015. CAPACITY AND POPULATION PROJECTIONS. The policy
council shall report to the governor, the lieutenant governor,
and the speaker of the house of representatives not later than
September 15 of each even-numbered year and January 15 of each
odd-numbered year, and at such other times as requested by the
governor, lieutenant governor, or speaker, on the projected
capacity and population during the remainder of the biennium for
facilities operated by or for the Texas Department of Criminal
Justice and facilities operated by or for the Texas Youth
Commission.
Amended by Acts 1997, 75th Leg., ch. 298, Sec. 1, eff. Sept. 1,
1997.
Sec. 413.016. REPORT ON INMATE RELEASE STATISTICS. (a) Each
month the policy council shall determine the following
information:
(1) the number and percentage of inmates released on parole or
to mandatory supervision to each county;
(2) the number and percentage of inmates released on parole in
absentia to each county; and
(3) the number of inmates released to and from a halfway house
in each county, including the number of inmates who are required
as a condition of release to reside in a county other than the
county in which a halfway house is located.
(b) The policy council shall submit to the Texas Board of
Criminal Justice an annual report that includes the following
information for the preceding 12 months:
(1) the number of inmates released on parole or to mandatory
supervision;
(2) the number and percentage of inmates released on parole or
to mandatory supervision to each county, including the number of
inmates who are required on release from a halfway house to
reside in a county other than the county in which the halfway
house is located;
(3) the number of inmates released on parole in absentia;
(4) the number and destination of inmates who are transferred
from one county to another during the period of release or
supervision; and
(5) the number and percentage of inmates released on parole in
absentia to each county.
(c) The report required under this section must also include the
number of persons under the supervision or custody of the Texas
Department of Criminal Justice at the end of a fiscal year,
including the type and status of the supervision or custody.
(d) The Texas Board of Criminal Justice shall review the
information in the annual report to enable the division to make
an appropriate and equitable distribution of inmates to each
county.
(e) The Texas Department of Criminal Justice on a monthly basis
shall provide in computer format data required by the policy
council to prepare reports under this section.
Amended by Acts 1997, 75th Leg., ch. 298, Sec. 1, eff. Sept. 1,
1997.
Sec. 413.017. REVIEW OF USE OF PAROLE GUIDELINES. The policy
council shall report at least annually to the Legislative
Criminal Justice Board, the Texas Board of Criminal Justice, and
the Board of Pardons and Paroles on the use of the parole
guidelines by each member of the board in making parole
decisions.
Amended by Acts 1997, 75th Leg., ch. 298, Sec. 1, eff. Sept. 1,
1997.
Sec. 413.018. ACCESS TO PROGRAMS AND FACILITIES. The policy
council shall comply with federal and state laws related to
program and facility accessibility. The executive director of the
policy council shall also prepare and maintain a written plan
that describes how a person who does not speak English can be
provided reasonable access to the policy council's programs and
services.
Added by Acts 1997, 75th Leg., ch. 298, Sec. 1, eff. Sept. 1,
1997.
Sec. 413.019. CONSUMER INFORMATION AND COMPLAINTS. (a) The
policy council shall prepare information of public interest
describing the functions of the policy council and the procedures
by which complaints are filed with and resolved by the policy
council. The policy council shall make the information available
to the public and appropriate state agencies.
(b) The executive director of the policy council shall establish
methods by which consumers and service recipients are notified of
the name, mailing address, and telephone number of the policy
council for the purpose of directing complaints to the policy
council. The executive director of the policy council may provide
for that notification on each written contract made under this
chapter for the services of an individual or other entity.
(c) The policy council shall keep a file about each written
complaint filed with the policy council that the policy council
has authority to resolve. The policy council shall provide to the
person filing the complaint and the persons or entities
complained about the policy council's policies and procedures
pertaining to complaint investigation and resolution. The policy
council, at least quarterly and until final disposition of the
complaint, shall notify the person filing the complaint and the
persons or entities complained about of the status of the
complaint unless the notice would jeopardize an undercover
investigation.
(d) The policy council shall keep information about each
complaint filed with the policy council. The information shall
include:
(1) the date the complaint is received;
(2) the name of the complainant;
(3) the subject matter of the complaint;
(4) a record of all persons contacted in relation to the
complaint;
(5) a summary of the results of the review or investigation of
the complaint; and
(6) for complaints for which the agency took no action, an
explanation of the reason the complaint was closed without
action.
Amended by Acts 1997, 75th Leg., ch. 298, Sec. 1, eff. Sept. 1,
1997.
Sec. 413.022. RECIDIVISM PERFORMANCE REVIEW. (a) The policy
council shall develop methods for measuring the success of each
program or service determined by the Texas Board of Criminal
Justice under Section 493.0053 to be designed for the primary
purpose of rehabilitating inmates. On request of the policy
council, the provider of a program or service or a representative
of Sam Houston State University, the Texas Workforce Commission,
or the Texas Department of Criminal Justice shall assist the
policy council in developing the methods required by this
section. The Texas Department of Criminal Justice shall assist
the council by collecting data in accordance with those methods.
(b) Not later than January 1 of each odd-numbered year, the
policy council shall submit as part of the biennial plan required
by Section 413.015 specific findings as to the success of each
program or service described by Subsection (a) in reducing
recidivism of inmates and accomplishing other performance
objectives of the programs and services administered by the Texas
Department of Criminal Justice programs and services division.
Added by Acts 1997, 75th Leg., ch. 1360, Sec. 1, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 19.02(7),
eff. Sept. 1, 1999.