CHAPTER 493. TEXAS DEPARTMENT OF CRIMINAL JUSTICE: ORGANIZATION
GOVERNMENT CODE
TITLE 4. EXECUTIVE BRANCH
SUBTITLE G. CORRECTIONS
CHAPTER 493. TEXAS DEPARTMENT OF CRIMINAL JUSTICE: ORGANIZATION
Sec. 493.001. DEPARTMENT MISSION. The mission of the department
is to provide public safety, promote positive change in offender
behavior, reintegrate offenders into society, and assist victims
of crime.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug.
26, 1991. Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.001,
eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1188, Sec. 1.08,
eff. Sept. 1, 1999.
Sec. 493.002. DIVISIONS. (a) The following divisions are
within the department:
(1) the community justice assistance division;
(2) the institutional division;
(3) the pardons and paroles division;
(4) the state jail division;
(5) the internal audit division; and
(6) the programs and services division.
(b) The board may establish additional divisions within the
department as it determines is necessary.
(c) Except as provided by Section 493.0052, the executive
director shall hire a director for each division in the
department, and each director serves at the pleasure of the
executive director.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug.
26, 1991. Amended by Acts 1993, 73rd Leg., ch. 988, Sec. 1.02,
eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 490, Sec. 2, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1360, Sec. 2, eff. Sept.
1, 1998; Acts 2001, 77th Leg., ch. 1420, Sec. 9.006, eff. Sept.
1, 2001.
Sec. 493.0021. ORGANIZATIONAL FLEXIBILITY. (a) Notwithstanding
Sections 493.002, 493.003, 493.004, 493.005, 493.0051, 493.0052,
as added by Chapter 1360, Acts of the 75th Legislature, Regular
Session, 1997, and 493.0052, as added by Chapter 490, Acts of the
75th Legislature, Regular Session, 1997, the executive director,
with the approval of the board, may:
(1) create divisions in addition to those listed in Section
493.002 and assign to the newly created divisions any duties and
powers imposed on or granted to an existing division or to the
department generally;
(2) eliminate any division listed in Section 493.002 or created
under this section and assign any duties or powers previously
assigned to the eliminated division to another division listed in
Section 493.002 or created under this section; or
(3) eliminate all divisions listed in Section 493.002 or created
under this section and reorganize the distribution of powers and
duties granted to or imposed on a division in any manner the
executive director determines is best for the proper
administration of the department.
(b) The executive director may not take an action under this
section with potential impact on the administration of community
corrections programs by community supervision and corrections
departments without requesting and considering comments from the
judicial advisory council to the community justice assistance
division of the Texas Department of Criminal Justice and the
Texas Board of Criminal Justice as to the effect of the proposed
action.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 1.09, eff. Sept. 1,
1999.
Sec. 493.003. COMMUNITY JUSTICE ASSISTANCE DIVISION. (a) The
community justice assistance division shall:
(1) establish minimum standards for programs, facilities, and
services provided by community supervision and corrections
departments; and
(2) fund programs, facilities, and services for community
supervision and corrections departments.
(b) The chief justice of the Supreme Court of Texas and the
presiding judge of the Texas Court of Criminal Appeals shall each
appoint six members to serve as the judicial advisory council to
the community justice assistance division and the board. The
advisory council members serve staggered six-year terms, with the
terms of four of the members expiring September 1 of each
odd-numbered year. In the event of a vacancy during a term, the
appointing authority for the member who vacated the office shall
appoint a replacement to fill the unexpired portion of the term.
The advisory council shall advise the director of the community
justice assistance division and the board on matters of interest
to the judiciary, and the director and the board shall carefully
consider the advice. Members of the advisory council are not
entitled to compensation but are entitled to reimbursement for
actual and necessary expenses in the conduct of their duties, as
provided by the General Appropriations Act.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug.
26, 1991. Amended by Acts 1993, 73rd Leg., ch. 988, Sec. 2.03,
eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 321, Sec. 1.002(a),
eff. Sept. 1, 1995.
Sec. 493.004. INSTITUTIONAL DIVISION. The institutional
division shall operate and manage the state prison system.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug.
26, 1991.
Sec. 493.005. PARDONS AND PAROLES DIVISION. The pardons and
paroles division shall supervise and reintegrate felons into
society after release from confinement.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug.
26, 1991.
Sec. 493.0051. STATE JAIL DIVISION. The state jail division
shall operate and manage state jails to confine defendants
described by Section 507.002.
Added by Acts 1993, 73rd Leg., ch. 988, Sec. 1.03, eff. Sept. 1,
1993.
Sec. 493.0052. INTERNAL AUDIT DIVISION. (a) The board shall
hire a director for the internal audit division. The employment
of the director may be terminated only with the approval of the
board.
(b) The internal audit division shall conduct a program of
internal auditing in accordance with Chapter 2102. The program
may include internal audits, contract audits, and community
supervision and corrections department audits for the department.
The division shall:
(1) conduct recurring financial and management audits;
(2) conduct internal audits to evaluate department programs and
the economy and efficiency of those programs; and
(3) recommend improvements in management and programs on the
basis of evaluations made under this subsection.
(c) The director of the internal audit division shall send
reports, audits, evaluations, and recommendations to the board
and to the executive director. The director shall report directly
to the board at least once a year on:
(1) the activities of the division; and
(2) the response of the department to recommendations made by
the division.
(d) The director shall report directly to the board on other
matters at the times required by board policy.
(e) Expired.
Added by Acts 1995, 74th Leg., ch. 321, Sec. 1.003. eff. Sept. 1,
1995. Renumbered from Government Code Sec. 493.0081 and amended
by Acts 1997, 75th Leg., ch. 490, Sec. 3, eff. Sept. 1, 1997.
Sec. 493.0053. PROGRAMS AND SERVICES DIVISION. (a) The
programs and services division shall administer those
rehabilitation and reintegration programs and services designated
by the board under Subsection (b).
(b) The board shall determine which programs and services
operating under the authority of the department are designed for
the primary purpose of rehabilitating inmates and shall designate
those programs and services as programs and services provided
under the direction of the programs and services division.
Added by Acts 1997, 75th Leg., ch. 1360, Sec. 3, eff. Sept. 1,
1997. Renumbered from Sec. 493.0052 by Acts 1999, 76th Leg., ch.
62, Sec. 19.01(43), eff. Sept. 1, 1999.
Sec. 493.006. EXECUTIVE DIRECTOR. (a) The board shall employ
an executive director who possesses the following minimum
qualifications:
(1) five years experience in the field of corrections in an
administrative capacity;
(2) three years experience in the field of corrections in an
administrative capacity and a graduate degree from an institution
of higher education in penology or a related field; or
(3) seven years experience in management or administration of a
government agency, institution of higher education, or business
enterprise of size comparable to the department.
(b) The executive director is responsible for the administration
and enforcement of all laws relating to the department including
rules implemented by the department but may delegate those
responsibilities as permitted by board rule or general law.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug.
26, 1991.
Sec. 493.007. PERSONNEL. (a) The executive director shall
develop an intraagency career ladder program. The program shall
require intraagency postings of all nonentry level positions
concurrently with any public postings.
(b) The executive director shall develop a system of annual
performance evaluations. All merit pay for department employees
must be based on the system established under this subsection.
(c) The executive director or the executive director's designee
shall prepare and maintain a written policy statement that
implements a program of equal employment opportunity to ensure
that all personnel decisions are made without regard to race,
color, disability, sex, religion, age, or national origin. The
policy statement must include:
(1) personnel policies, including policies related to
recruitment, evaluation, selection, training, and promotion of
personnel that show the intent of the department to avoid the
unlawful employment practices described by Chapter 21, Labor
Code; and
(2) an analysis of the extent to which the composition of the
department's personnel is in accordance with state and federal
law and reasonable methods to achieve compliance with state and
federal law.
(d) A policy statement must:
(1) be updated at least annually;
(2) be reviewed by the state Commission on Human Rights for
compliance with Subsection (c)(1); and
(3) be filed with the governor's office.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug.
26, 1991. Amended by Acts 1999, 76th Leg., ch. 1188, Sec. 1.10,
eff. Sept. 1, 1999.
Sec. 493.0071. EMPLOYEE EXIT INTERVIEWS. (a) The department
shall adopt a policy that provides for an exit interview of each
institutional division employee who terminates employment with
the department. Employee participation in the interview process
is voluntary, and the department is not required to conduct an
exit interview of an employee who is terminated against the
employee's will.
(b) The department shall encourage the employee to state in the
employee's own words the reasons for which the employee is
terminating employment.
(c) The department shall analyze responses to interviews
conducted under this section on the basis of the responding
employees' age, gender, race or ethnicity, years of service,
rank, and duty locations.
Added by Acts 2001, 77th Leg., ch. 1089, Sec. 1, eff. Sept. 1,
2001.
Sec. 493.008. AUDIT BY STATE AUDITOR. The financial
transactions of the department are subject to audit by the state
auditor in accordance with Chapter 321, and the state auditor
shall include in the audit report a review of the department's
employment practices to ensure that they conform with state law
and department policies regarding nepotism.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug.
26, 1991.
Sec. 493.0082. DISPOSITION OF CERTAIN FINANCIAL ASSETS. (a)
All money and other financial assets collected or received by the
department shall be deposited:
(1) in the general revenue fund of the state treasury;
(2) in trust with the comptroller; or
(3) in a local bank account on approval by the comptroller.
(b) For purposes of this section, a financial asset collected or
received by the department includes:
(1) an asset held outside the state treasury; or
(2) an asset held in trust by the department, such as money held
in an inmate or employee trust account or in an education and
recreation account.
Added by Acts 1997, 75th Leg., ch. 490, Sec. 4, eff. Sept. 1,
1997.
Sec. 493.0083. PROGRAM EVALUATION CAPABILITY. The department
shall maintain a program evaluation capability separate from the
programs and services division to determine the effectiveness of
rehabilitation and reintegration programs and services provided
to inmates and other offenders under the jurisdiction of the
department.
Added by Acts 1997, 75th Leg., ch. 1360, Sec. 3, eff. Sept. 1,
1997. Renumbered from Sec. 493.0082 by Acts 1999, 76th Leg., ch.
62, Sec. 19.01(44), eff. Sept. 1, 1999.
Sec. 493.009. SUBSTANCE ABUSE FELONY PUNISHMENT FACILITIES. (a)
The department shall establish a program to confine and treat:
(1) defendants required to participate in the program under
Section 14, Article 42.12, Code of Criminal Procedure; and
(2) individuals referred for treatment as part of a drug court
program established under Chapter 469, Health and Safety Code, or
a similar program created under other law.
(a-1) The board by rule may modify requirements imposed by this
section and Article 42.12, Code of Criminal Procedure, as
necessary to properly treat individuals who are not participating
in the program as a condition of community supervision.
(b) The board shall adopt criteria to determine the suitability
of candidates for participation in the program. The department
and the Texas Commission on Alcohol and Drug Abuse shall jointly
develop methods of screening and assessing defendants required to
participate in the program under Section 14, Article 42.12, Code
of Criminal Procedure, to determine their need for specific types
of treatment for alcohol or drug abuse problems.
(c) The program for persons required to participate in the
program under Section 14, Article 42.12, Code of Criminal
Procedure, must consist of treatment programs that may vary in
time from 90 days to 12 months.
(d) The program for persons required to participate in the
program under Section 14, Article 42.12, Code of Criminal
Procedure, provided under this section must contain highly
structured work, education, and treatment schedules, a clearly
delineated authority structure, and well-defined goals and
guidelines. The department shall establish a graded system of
rewards and sanctions for defendants who participate in the
program, but a defendant required to participate in the program
under Section 14, Article 42.12, Code of Criminal Procedure, is
not entitled to earn awards of time for good conduct. A qualified
professional, at least every 60 days, must perform an evaluation
on a defendant that determines the defendant's treatment progress
and institutional behavior. Not later than three days after the
date on which a four-month evaluation is performed, the qualified
professional shall establish a tentative release date for the
defendant, notify the sentencing court of that fact, and include
with the notice a copy of the four-month evaluation. The
qualified professional immediately shall notify the court if the
professional determines the defendant's conduct requires a
revision of the tentative release date.
(e) The department shall employ or contract with qualified
professionals to implement the program for persons required to
participate in the program under Section 14, Article 42.12, Code
of Criminal Procedure. For purposes of this subsection, a
"qualified professional" is a person who:
(1) is a licensed chemical dependency counselor;
(2) is a licensed social worker who has at least two years of
experience in chemical dependency counseling; or
(3) is a licensed professional counselor, physician, or
psychologist and who has at least two years of experience in
chemical dependency counseling.
(f)(1) The department shall adopt rules of conduct for persons
required to participate in the program under Section 14, Article
42.12, Code of Criminal Procedure, or required to participate in
the program following modification of community supervision or
parole.
(2) If the qualified professional with primary responsibility
for treating a defendant and the individual in charge of security
in the facility in which the defendant is housed jointly
determine that the defendant is not complying with the rules or
is medically or psychologically unsuitable for the program, they
shall notify the department of that fact.
(3) The department, immediately on receiving notice, shall
request the sentencing court to reassume custody of the defendant
if the defendant was required to participate in the program under
Section 14, Article 42.12, Code of Criminal Procedure, or
required to participate in the program following modification of
community supervision. The court shall reassume custody before
the 12th day after the date on which the department notifies the
court. If the court revokes the defendant's community
supervision, the admission of the defendant to the institutional
division is an admission for which the department must account in
the scheduled admissions policy established under Section
499.071.
(4) The department, immediately on receiving notice, shall
request the pardons and paroles division to reassume custody of
the defendant if the defendant was required to participate in the
program following modification of parole. The pardons and paroles
division shall immediately take action in accordance with
established policies and procedures of the Board of Pardons and
Paroles to remove the defendant from the program. If a parole
panel revokes the defendant's parole, the admission of the
defendant to the institutional division is an admission for which
the department must account in the scheduled admissions policy
established under Section 499.071.
(5) If the defendant was transferred to the facility from a
county jail under Subsection (l), the department shall return the
defendant to the county jail.
(6) A court's recommendation that a defendant be placed in a
program created under this section does not give the court the
power to hold the department or any officer or employee of the
department in contempt of court for failure to adhere to that
recommendation.
(g) The department shall provide beds for the purpose of
operating the program for persons required to participate in the
program under Section 14, Article 42.12, Code of Criminal
Procedure, as amended by Chapter 900, Acts of the 73rd
Legislature, Regular Session, 1993, except that the beds may also
be used to house the following categories of persons:
(1) persons transferred under Subchapter A, Chapter 499, and
Section 508.118;
(2) persons whose community supervision or parole has been
modified;
(3) defendants confined in county jails awaiting transfer to the
institutional division; and
(4) inmates participating in the program described by Section
501.0931.
(h) On and after the date persons are required under Section 14,
Article 42.12, Code of Criminal Procedure, to participate in the
program established under this section, the department shall give
priority to housing those persons over the categories of persons
described by Subsections (g)(1)-(4).
(i) The department shall make quarterly reports to the
Legislative Criminal Justice Board that show the ratio of persons
in beds reserved under Subsection (g) who have been required to
participate in the program under Section 14, Article 42.12, Code
of Criminal Procedure, to persons in those beds who have been
sent to the facilities by other methods.
(j) The department shall recover from a program participant the
cost to the department of providing treatment, to the extent the
participant has insurance that covers the treatment or is
otherwise able to pay for the treatment.
(k) It is the intent of the legislature that facilities
established under this section be used primarily to house persons
required to participate in the program under Section 14, Article
42.12, Code of Criminal Procedure, except that if treatment beds
are empty, this subsection does not prohibit the department from
using those empty beds to treat the categories of persons listed
in Subsection (g).
(l) The department shall identify defendants confined in county
jails who are awaiting transfer to the institutional division and
who because of their need for treatment of drug or alcohol
problems require transfer to a substance abuse felony punishment
facility. The department shall provide for the transportation of
the defendant to such a facility. If the board finds that a
county has failed to fully cooperate with the department in
evaluating defendants under this section, the board shall notify
the Commission on Jail Standards of that fact. On notice from the
board, the commission may reduce or suspend payments under
Subchapter F, Chapter 499, or may suspend the certification of
the county jail as provided by Section 511.012.
(m) Notwithstanding any other provision of this section, the
department is authorized to provide substance abuse felony
punishment facilities, not to exceed 500 beds, for newly provided
alcohol and drug abuse beds exclusively for persons whose
community supervision or parole has been modified.
(n) Except as otherwise provided by this subsection, the
department shall separate participants in the program created
under this section from inmates of the institutional division,
except at times determined necessary by the department for the
purpose of transportation or staging or for medical or security
reasons. The department may commingle participants in the program
created under this section with inmates in the program described
by Section 501.0931.
(o) Repealed by Acts 1995, 74th Leg., ch. 321, Sec. 1.113, eff.
Sept. 1, 1995.
(p) To the extent funds are available, the Criminal Justice
Policy Council, with the assistance of the Texas Commission on
Alcohol and Drug Abuse and the department, shall develop methods
to evaluate the processes used by the department in providing the
program and the level of success achieved by the program.
(q) The department not less often than every two years shall
determine whether the department should increase the number of
beds provided by the department for the operation of the program
for persons required to participate in the program under Section
14, Article 42.12, Code of Criminal Procedure, as amended by
Chapter 900, Acts of the 73rd Legislature, Regular Session, 1993.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 19.03, eff.
Oct. 1, 1991. Amended by Acts 1993, 73rd Leg., ch. 988, Sec.
3.01, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 321, Sec.
1.004 to 1.006, 1.113, eff. Sept. 1, 1995; Acts 1997, 75th Leg.,
ch. 165, Sec. 12.08, eff. Sept. 1, 1997; Acts 1997, 75th Leg.,
ch. 1269, Sec. 2, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch.
892, Sec. 22, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1139, Sec. 2, eff. June 18, 2005.
Sec. 493.010. CONTRACTS FOR MISCELLANEOUS HOUSING. The board,
for the temporary or permanent housing of inmates, may enter into
leases or contract with:
(1) public or private jails; or
(2) operators of alternative housing facilities.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 19.04, eff.
Oct. 1, 1991. Amended by Acts 1995, 74th Leg., ch. 321, Sec.
1.007, eff. Sept. 1, 1995.
Sec. 493.011. CONSULTANT CONTRACTS FOR PRISON CONSTRUCTION. The
board may not contract for construction-related consulting
services to the board with an individual or firm if that
individual or firm is also under contract with the department to
provide construction management services for prison unit
construction.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 19.05, eff.
Oct. 1, 1991. Amended by Acts 1995, 74th Leg., ch. 321, Sec.
1.008, eff. Sept. 1, 1995.
Sec. 493.012. HISTORICALLY UNDERUTILIZED BUSINESSES. (a) The
board and the department each shall make a good faith effort to
assist historically underutilized businesses to receive at least
30 percent of the total value of:
(1) each construction contract awarded for construction,
purchase of supplies, materials, services, and equipment that the
board and the department expect to make; and
(2) contracts awarded for operation, maintenance, or management.
(b) The board and the department each shall annually report to
the legislature and the governor on the level of historically
underutilized business participation in board and department
contracts. The report shall include:
(1) names and locations of the historically underutilized
businesses participating in contracts;
(2) types of services conducted by the historically
underutilized businesses participating in contracts;
(3) a description of the type of recruitment strategy used to
attract historically underutilized businesses; and
(4) recommendations for the improvement of historically
underutilized business opportunities with the board and the
department.
(c) In this section, "historically underutilized business"
means:
(1) a business entity formed for the purpose of making a profit
of which at least 51 percent is owned by one or more persons who
are socially disadvantaged because of their identification as
members of certain groups, including women, African Americans,
Hispanic Americans, Native Americans, and Asian Americans, who
have suffered the effects of discriminatory practices or similar
insidious circumstances over which they have no control; or
(2) a corporation formed for the purpose of making a profit in
which at least 51 percent of all classes of the shares of stock
or other equitable securities is owned by one or more persons
described by Subdivision (1). Those persons must have
proportionate interest in the control, operation, and management
of the corporation's affairs.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 19.06, eff.
Oct. 1, 1991. Amended by Acts 1993, 73rd Leg., ch. 988, Sec.
4.07, eff. Sept. 1, 1993.
Sec. 493.013. FEDERAL FUNDS COMMITTEE. (a) The board shall
ensure that the federal funds committee of the department
includes representatives of all divisions of the department that
may be able to assist the committee in identifying and qualifying
for additional federal funds, specifically including the offices
of the institutional division that manage agricultural and
industrial issues.
(b) The board shall require the committee to:
(1) maximize federal grant and entitlement funding available to
the state;
(2) submit biennially to the board a detailed report that
includes information on all federal grants and entitlements
identified and applied for by the committee and the results of
the applications; and
(3) work in conjunction with the Office of State-Federal
Relations and the Texas Department of Human Services to
investigate the applicability of:
(A) the national school lunch program to inmates who are
pursuing a primary or secondary education while confined in the
institutional division; and
(B) the food stamp program administered under Chapter 33, Human
Resources Code, to inmates who are confined and treated in
substance abuse felony punishment facilities.
Added by Acts 1993, 73rd Leg., ch. 238, Sec. 1.01, eff. May 22,
1993.
Sec. 493.014. APPLICABILITY OF CERTAIN GRIEVANCE PROCEDURES. A
grievance procedure of the department or a division of the
department, including the procedure established under Section
501.008, applies to a grievance of an inmate or other person
under the custody or control of the department relating to a rule
or internal procedure of the board or department.
Added by Acts 1993, 73rd Leg., ch. 988, Sec. 9.02, eff. Sept. 1,
1993. Renumbered from Government Code Sec. 493.013 by Acts 1995,
74th Leg., ch. 76, Sec. 17.01(15), eff. Sept. 1, 1995.
Sec. 493.0145. IDENTIFICATION OF INMATES SUBJECT TO ARREST
WARRANT. Before an inmate is discharged or is released on parole
or mandatory supervision from the department, the department
shall conduct a criminal history record check to determine
whether the inmate is the subject of an arrest warrant. In
conducting the criminal history record check, the department
shall allow sufficient time for compliance with any requirements
related to notifying the proper authorities of the inmate's
discharge or release and, if necessary, processing a demand for
extradition of the inmate.
Added by Acts 1999, 76th Leg., ch. 205, Sec. 1, eff. Sept. 1,
1999.
Sec. 493.015. IDENTIFICATION OF DEPORTABLE ALIENS. (a) In this
section, "illegal criminal alien" means an alien who has been
convicted of a felony and is in the custody of the state and who:
(1) entered the United States without inspection or at any time
or any place other than as designated by the United States
Attorney General;
(2) was admitted as a nonimmigrant and, before the date of the
commission of the crime, had failed to maintain the nonimmigrant
status under which the alien was admitted or to which it was
changed under Section 248, Immigration and Nationality Act (8
U.S.C. Section 1258), or to comply with the conditions of the
alien's status; or
(3) is a Marielito Cuban as defined in Section 501, Immigration
Reform and Control Act of 1986 (8 U.S.C. Section 1365).
(b) The department shall identify those inmates who are
imprisoned in the institutional division or confined in a
transfer facility, a substance abuse treatment facility, a state
jail felony facility, or a county jail awaiting transfer to the
institutional division and for whom the department is unable to
reasonably ascertain whether or not the person is an illegal
criminal alien.
(c) In attempting to ascertain whether an inmate is an illegal
criminal alien, the department may take into account a statement
of noncitizenship made to the department by the inmate or any
information in the criminal history record information maintained
on the inmate, including information developed in presentence
investigation reports that may reflect place of birth,
registration with the Social Security Administration, or work
history.
(d) The department shall promptly notify the United States
Immigration and Naturalization Service of any inmate determined
by the department to be an illegal criminal alien and request the
assistance of the Immigration and Naturalization Service, if
necessary, in determining whether or not the person is an illegal
criminal alien.
(e) The department shall promptly notify the criminal justice
division of the governor's office of any inmate determined by the
department or by the Immigration and Naturalization Service to be
an illegal criminal alien, and the criminal justice division of
the governor's office shall apply to the federal government for
any funds due the state for criminal justice costs incurred with
respect to an illegal criminal alien.
(f) Federal funds received for criminal justice costs incurred
with respect to an illegal criminal alien shall be deposited to
the credit of the general revenue fund.
(g) The department shall cooperate with the Immigration and
Naturalization Service in implementing an efficient system for
the deportation of illegal criminal aliens on completion of the
inmates' sentences or release of the inmates on parole or
mandatory supervision. The department shall consider:
(1) designating facilities or units within the department as
central locations to hold inmates who are illegal criminal aliens
for the period immediately preceding release on parole or
mandatory supervision; and
(2) providing two-way closed circuit communications systems and
other technology that will assist the state and the federal
government in ensuring the timely and efficient deportation of
illegal criminal aliens on the release of those aliens from
imprisonment or confinement under the authority of the
department.
Added by Acts 1995, 74th Leg., ch. 85, Sec. 1, eff. May 16, 1995.
Sec. 493.0151. DYNAMIC RISK ASSESSMENT OF SEX OFFENDERS. (a)
For purposes of this section, "sexual offense" means a criminal
offense the conviction of which requires a person to register as
a sex offender under Chapter 62, Code of Criminal Procedure.
(b) Before an inmate who is serving a sentence for a sexual
offense is discharged or is released on parole or mandatory
supervision from the department, the department shall use the
dynamic risk assessment tool developed by the Council on Sex
Offender Treatment under Section 110.164, Occupations Code, to
assign the inmate a risk level of low, medium, or high.
(c) The department shall conduct the risk assessment required by
this section in addition to any other risk assessment the
department is required to conduct.
Added by Acts 2007, 80th Leg., R.S., Ch.
1308, Sec. 16, eff. June 15, 2007.
Sec. 493.0155. PROPER IDENTIFICATION OF INMATES USING ALIAS. On
receipt of information from the Department of Public Safety under
Article 60.19, Code of Criminal Procedure, that a person's
identifying information may have been falsely used by an inmate
as the inmate's identifying information, regardless of whether
the inmate is in the custody of the department, is serving a
period of supervised release, or has been discharged, the
department shall:
(1) make a reasonable effort to identify the inmate's actual
identity; and
(2) take action to ensure that any information maintained in the
department's records and files regarding the inmate reflects the
inmate's use of the person's identity as a stolen alias and
refers to available information concerning the inmate's actual
identity.
Added by Acts 2003, 78th Leg., ch. 339, Sec. 6, eff. Sept. 1,
2003.
Sec. 493.016. INFORMATION OF PUBLIC INTEREST; COMPLAINTS. (a)
The department shall prepare information of public interest
describing the functions of the department and the procedures by
which complaints are filed with and resolved by the department.
The department shall make the information available to the
general public and appropriate state agencies.
(b) The department shall establish methods by which interested
persons are notified of the name, mailing address, and telephone
number of the department for the purpose of directing complaints
to the department.
(c) The department shall keep an information file on each
written complaint filed with the department by a member of the
general public that relates to the operations of the department.
The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the department;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to the
complaint;
(5) a summary of the results of the review or investigation of
the complaint; and
(6) an explanation of the reason the file was closed, if the
agency closed the file without taking action other than to
investigate the complaint.
(d) The department shall provide a written copy of the
department's policies and procedures relating to complaint
investigation and resolution to:
(1) all department employees; and
(2) each person filing a complaint.
(e) The department, at least quarterly until final disposition
of the complaint, shall notify the person filing the complaint of
the status of the investigation unless the notice would
jeopardize an undercover investigation.
Added by Acts 1995, 74th Leg., ch. 321, Sec. 1.010, eff. Sept. 1,
1995. Amended by Acts 1999, 76th Leg., ch. 1188, Sec. 1.11, eff.
Sept. 1, 1999.
Sec. 493.017. REPORTS ON SEX OFFENDER TREATMENT. (a) A sex
offender correction program that provides counseling sessions for
a sex offender under Section 13B, Article 42.12, Code of Criminal
Procedure, shall report to the community supervision and
corrections department officer supervising the offender, not
later than the 15th day of each month, the following information
about the offender:
(1) the total number of counseling sessions attended by the sex
offender during the preceding month; and
(2) if during the preceding month the sex offender terminates
participation in the program before completing counseling, the
reason for the sex offender's termination of counseling.
(b) A sex offender correction program that provides counseling
sessions for a sex offender under Section 508.187 shall report to
the parole officer supervising the offender, not later than the
15th day of each month, the following information about the
offender:
(1) the total number of counseling sessions attended by the sex
offender during the preceding month; and
(2) if during the preceding month the sex offender terminates
participation in the program before completing counseling, the
reason for the sex offender's termination of counseling.
(c) A sex offender correction program that provides counseling
sessions for a child under Section 54.0405, Family Code, shall
report to the local juvenile probation department supervising the
child, not later than the 15th day of each month, the following
information about the child:
(1) the total number of counseling sessions attended by the
child during the preceding month; and
(2) if during the preceding month the child terminates
participation in the program before completing counseling, the
reason for the child's termination of counseling or that the
reason for the termination of counseling is unknown.
(d) A sex offender correction program that provides counseling
sessions for a child who is released under supervision under
Section 61.0813, Human Resources Code, shall report to the Texas
Youth Commission, not later than the 15th day of each month, the
following information about the child:
(1) the total number of counseling sessions attended by the
child during the preceding month; and
(2) if during the preceding month the child terminates
participation in the program before completing counseling, the
reason for the child's termination of counseling or that the
reason for the termination of counseling is unknown.
Added by Acts 1995, 74th Leg., ch. 256, Sec. 5, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 12.09, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 669, Sec. 4, eff. Sept.
1, 1997.
Sec. 493.018. CARE OF TERMINALLY ILL INMATES. (a) The
department may provide direct hospice services for terminally ill
inmates and defendants confined in facilities operated by the
department or may contract with a licensed hospice for the
provision of those services. Hospice services established by the
department shall meet licensure standards established under
Chapter 142, Health and Safety Code, except for those standards
which are determined to be in conflict with security
considerations in the institutional setting.
(b) In this section, "hospice" and "hospice services" have the
meanings assigned to those terms by Section 142.001, Health and
Safety Code.
Added by Acts 1995, 74th Leg., ch. 769, Sec. 1, eff. Sept. 1,
1995. Renumbered from Government Code Sec. 493.014 by Acts 1997,
75th Leg., ch. 165, Sec. 31.01(39), eff. Sept. 1, 1997.
Sec. 493.019. ENFORCEMENT OFFICERS. The inspector general may
appoint employees who are certified by the Commission on Law
Enforcement Officer Standards and Education as qualified to be
peace officers to serve under the direction of the inspector
general and assist the inspector general in performing the
enforcement duties of the department.
Added by Acts 1995, 74th Leg., ch. 321, Sec. 1.009, eff. Sept. 1,
1995. Renumbered from Government Code Sec. 493.015 by Acts 1997,
75th Leg., ch. 165, Sec. 31.01(40), eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1172, Sec. 2, eff. June 15, 2007.
Sec. 493.0191. ADMINISTRATIVE SUBPOENAS. (a) The inspector
general may issue an administrative subpoena to a communications
common carrier or an electronic communications service provider
to compel the production of the carrier's or service provider's
business records that:
(1) disclose information about:
(A) the carrier's or service provider's customers; or
(B) users of the services offered by the carrier or service
provider; and
(2) are material to a criminal investigation of an escape or a
potential escape or a violation of Section 38.11, Penal Code.
(b) In this section:
(1) "Communications common carrier" means a person that:
(A) for a fee, provides directly to the public or to certain
members of the public the ability to transmit between or among
points specified by the person who uses that ability, regardless
of the technology used, information of the person's choosing
without change in the form or content of the information
transmitted; or
(B) a provider that bills customers for services described by
Paragraph (A).
(2) "Electronic communications service provider" means a service
provider that provides to users of the service the ability to
send or receive wire or electronic communications, as those terms
are defined by Article 18.20, Code of Criminal Procedure.
Added by Acts 2009, 81st Leg., R.S., Ch.
395, Sec. 1, eff. September 1, 2009.
Sec. 493.020. SEAL OF DEPARTMENT. (a) The department shall use
an official seal to certify documents received by the department
under Sections 8(a) and (c), Article 42.09, Code of Criminal
Procedure.
(b) The official seal must contain an engraved, five-pointed
star in the center with the words "Texas Department of Criminal
Justice" around the margin.
Added by Acts 1995, 74th Leg., ch. 321, Sec. 1.011, eff. Sept. 1,
1995. Renumbered from Government Code Sec. 493.017 by Acts 1997,
75th Leg., ch. 165, Sec. 31.01(41), eff. Sept. 1, 1997.
Sec. 493.021. ELECTRONIC CREATION AND TRANSMISSION OF DOCUMENTS.
(a) If a statute requires the department to create a document,
the department through electronic means may create and maintain
the information that would otherwise be contained in a paper
document. If a statute requires the department to provide a
receipt, signature, or seal as evidence of creating a document,
the department may develop and use an electronic identifier, and
when used by the department, the identifier has the same force
and effect as the use of a receipt, signature, or seal.
(b) If a statute requires a person to submit a document to the
department, the department may accept the document in paper form
or may accept an electronic transmission of the information
otherwise contained in the paper document.
(c) If a statute requires the department to provide a receipt,
signature, or seal as evidence of delivery of a document, and if
the department has received an electronic transmission in lieu of
accepting the document in paper form, the department may transmit
electronically evidence of delivery. The department may use the
electronic identifier developed under Subsection (a), and when
used by the department, the identifier has the same force and
effect as the use of a receipt, signature, or seal.
(d) This section does not authorize the department to require
that a person submitting information to the department submit the
information electronically.
Added by Acts 1999, 76th Leg., ch. 202, Sec. 1, eff. May 24,
1999.
Sec. 493.022. POLYGRAPH EXAMINATION. An employee of the
department who is the subject of a written complaint made by or
filed with the department may not be suspended, discharged, or
subjected to any other form of employment discrimination by the
department because the employee refuses to take a polygraph
examination.
Added by Acts 1997, 75th Leg., ch. 367, Sec. 1, eff. Sept. 1,
1997.
Sec. 493.023. CHARITABLE FUND-RAISING. (a) Under policies
established by the department, a department employee may
participate in fund-raising activities conducted on department
property on the employee's own time for the benefit of an
eligible charitable organization. The department shall adopt
policies under this section which address:
(1) minimum qualifications of eligible charitable organizations;
(2) limitations on the use of funds;
(3) handling and distribution of the proceeds of fund-raising
activity to eligible charitable organizations located in the
county where the fund-raising takes place; and
(4) ensuring that participation in fund-raising is voluntary and
not coercive.
(b) Funds collected under this section are not subject to
Section 404.094.
(c) This section does not affect the department's participation
in the state employees charitable campaign under Subchapter H,
Chapter 659.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 1.12, eff. Sept. 1,
1999.
Sec. 493.024. APPLICATION OF LAW RELATING TO FREE EXERCISE OF
RELIGION. For purposes of Chapter 110, Civil Practice and
Remedies Code, an ordinance, rule, order, decision, or practice
that applies to a person in the custody of a jail or other
correctional facility operated by or under a contract with the
department is presumed to be in furtherance of a compelling
governmental interest and the least restrictive means of
furthering that interest. The presumption may be rebutted.
Added by Acts 1999, 76th Leg., ch. 399, Sec. 4, eff. Aug. 30,
1999. Renumbered from Sec. 493.023 by Acts 2001, 77th Leg., ch.
1420, Sec. 21.001(42), eff. Sept. 1, 2001.
Sec. 493.025. NOTIFICATION OF COURT OF RELEASE. On release of
an inmate who discharges the inmate's sentence or on release of
an inmate on parole or mandatory supervision, the department
promptly shall notify the clerk of the court in which the inmate
was convicted of that fact.
Added by Acts 1999, 76th Leg., ch. 541, Sec. 1, eff. Sept. 1,
1999. Renumbered from Sec. 493.023 by Acts 2001, 77th Leg., ch.
1420, Sec. 21.001(42), eff. Sept. 1, 2001.
Sec. 493.026. CERTAIN INTERAGENCY COMMUNICATIONS PROHIBITED.
The department, regardless of available capacity in the program,
may not prohibit a parole panel from, or request a parole panel
to refrain from, requiring an inmate to participate in and
complete a treatment program operated by the department before
the inmate is released on parole.
Added by Acts 2007, 80th Leg., R.S., Ch.
1308, Sec. 17, eff. June 15, 2007.
Sec. 493.027. MANAGEMENT-EMPLOYEE MEETINGS. (a) The director
of the department may meet regularly with representatives of an
eligible state employee organization, as certified by the
comptroller under Section 403.0165, that represents department
employees in disciplinary or grievance matters to identify:
(1) department policies or practices that impair the efficient,
safe, and effective operation of department facilities; and
(2) issues that could lead to unnecessary conflicts between the
department and department employees and that could undermine
retention and recruitment of those employees.
(b) The director annually shall submit a report to the Criminal
Justice Legislative Oversight Committee on the outcome of any
meetings held under this section. The report must:
(1) be signed by the director and each representative of an
employee organization described by Subsection (a) that
participates in the meetings; and
(2) include a statement from each party regarding the impact of
the meetings on the recruitment and retention of department
employees and on employee morale.
Added by Acts 2007, 80th Leg., R.S., Ch.
1308, Sec. 18, eff. June 15, 2007.
Sec. 493.028. INSPECTOR GENERAL REPORT ON CRIMINAL OFFENSES.
(a) In this section, "special prosecution unit" means the
special prosecution unit established under Subchapter E, Chapter
41.
(b) The inspector general of the department shall on a quarterly
basis prepare and deliver to the board of directors of the
special prosecution unit a report concerning any alleged criminal
offense concerning the department and described by Article
104.003(a), Code of Criminal Procedure, that occurred during the
preceding calendar quarter.
Added by Acts 2007, 80th Leg., R.S., Ch.
263, Sec. 17, eff. June 8, 2007.
Renumbered from Government Code, Section 493.026 by Acts 2009,
81st Leg., R.S., Ch.
87, Sec. 27.001(32), eff. September 1, 2009.
Sec. 493.029. LOCAL AND REGIONAL RELEASE AND DISCHARGE
PROCEDURE. (a) The department shall establish a procedure
through which an inmate being discharged from the department or
being released on parole or to mandatory supervision is
discharged or released, as applicable, from:
(1) the facility in which the inmate is serving the inmate's
sentence; or
(2) the facility designated as a regional release facility under
Subsection (b) that is nearest to the facility in which the
inmate is serving the inmate's sentence.
(b) The department shall designate six or more facilities
operated by the department as regional release facilities from
which an inmate being discharged from the department or being
released on parole or to mandatory supervision may be discharged
or released, as applicable, rather than being released under
Subsection (a)(1). If the department determines that discharging
or releasing an inmate under Subsection (a) is not in the best
interest of the inmate or would threaten the safety of the
public, the department may release the inmate from a regional
release facility designated under this subsection other than the
facility described by Subsection (a)(2).
Added by Acts 2009, 81st Leg., R.S., Ch.
445, Sec. 1, eff. September 1, 2009.