If you have issues viewing or accessing this file, please contact us at NCJRS.gov. House Bill 2335 The Omnibus Criminal Justice Reform Bill 71 st Legislature A Summary Analysis by Office of the Governor, Criminal Justice Division Rider Scott, Executive Director Prepared by -. - David X. Young & Scott Carruth /202-+4 = House Bill 2335 The Omnibus Criminal Justice Reform Bill 71 st Legislature A Summary Analysis by Office of the Governor, Criminal Justice Division Rider Scott, Executive Director 120248 U.S. Department of Justice National Institute of Justice This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or policies of the National Institute of Justice. Permission to reproduce this copyrighted material has been granted by Office of the Governor/ Criminal Justice Division to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permis­ sion of the copyright owner. Prepared by David X. Young & Scott Carruth House Bill 2335 mandates a broad, comprehensive restructuring of our Texas criminal justice system. The bill authorizes sweeping changes in process and procedure, and additionally consolidates the three major correctional agencies in the state: the Department of Corrections, Board of Pardons and Paroles, and Adult Probation Commission. The Department of Criminal Justice (DCJ) is the overarching agency created by HB 2335. Under the umbrella of the DCJ are the Community Justice Assistance Division (formally the Adult Probation Commission), the Institutional Division (formerly the Texas Department of Corrections), and the Board of Pardons and Paroles Division (formally Board of Pardons and Paroles). While each division will individually retain most of its functions, all are reorganized under one department. The bill also addresses the problems of local and state administration of correctional institutions and facilities, the release of defendants with or without bond and alternative sentencing, the redefining of probation, parole, and mandatory supervlslon, offender employment opportunities though Project RIO, programs for rehabilitation, information systems to help police and other agencies track the offenders history, and the issuance of bonds to finance correctional facility construction. In the pages that follow, you will find a bri~f section-by­ section summary of the provisions of House Bill 2335. Requests for further information on this ambitious piece of legislation can be directed to officials in the Governor's Criminal Justice Division. 1 ARTICLE I Section 1.01 establishes the Texas Board of Criminal Justice and the Texas Department of Criminal Justice. Section 1.02 defines the Department's responsibilities and designates its headquarters as Austin, Texas. The responsibili ties of the Department of Criminal Justice will be the confinement, supervision, an rehabilitation of felons; the development of a system of state and local punishment, supervision, and rehabilitation programs and facilities; and the reintegration of felons back into society after their release .from incarceration. Section 1.03 defines the composition of the Board of Criminal Justice. The Board is to be composed of nine members appointed by the governor with advice and consent of the Senate. Section 1.04 defines the eligibility for membership on the Board of Criminal Justice and also provides means for their removal. The eligibility criteria are extensive and involve a number of qualifying and disqualifying characteristics. Section 1.05 defines the terms of the nine member Board and states the action necessary should a vacancy occur. Members of the Board of Criminal Justice serve staggered six-year terms and in the case of a vacancy the governor shall appoint a replacement. Section 1.06 states that no member of the Board is entitled to compensation, but that reimbursement for expenses will be provided. Section 1.07defines the organization of the Board. The Governor, at the beginning of his/her term, shall designate the chairman of the Board; the Board members shall elect from among themselves a vice­ chairman. Section 1.08 defines the order for meetings to be held each quarter of the calendar year. Other meetings may be held at any time. Section 1.09 outlines the general powers and duties the Board possess. The Board may adopt rules for operation of the Department, and shall employ an Executive Director to administer the Department. The Board approves the operating budget of the Department and shall file on an annual basis a report to the 2 . Governor and the legislature a report accounting the funds received and disbursed by the Department. Section 1.10 lays out the qualifications, responsibilities, and authority of the Executive Director of the Department of Criminal Justice. The Executive Director shall employ a director for each of the established divisions. Section 1.11 establishes the different divisions within the Department. (see attached Chart) It also authorizes the Board to establish additional di visions wi thin the depar'cment it deems necessary . " Section 1.12 defines and establishes the policies of the Community Justice Assistance Division (CJAD). The CJAD shall establish ml.nl.mum. standards for programs, facilities, and services provided by community supervision and corrections departments; and certify and fund programs, facilities and services for community supervision and corrections departments. The Chief Justice and the Presiding Judge of the Texas Court of Criminal Appeals shall appoint six members each to a judicial advisory council which will advise the division and Board on matters of interest. Section 1.13 establishes and defines the duties of the Institutional Division. Its main task is to operate and manage the state prison system. Section 1.14 defines the duties and responsibilities of the Board of Pardons and Paroles Division (BPPD). The BPPD shall determine which prisoners are to be released on parole; what conditions of parole and mandatory supervision and they make the decisions relating to the revocations of such. Section 1.15 defines each division director's powers in developing a career ladder program, system of annual performance evaluations, and the preparation and maintenance of a written policy of equal employment opportunity. Section 1.16 provides that the Board and Department shall expire on September 1, 1995, unless continued in existence as provided under the Sunset Act. Section 1.17 provides that the Governor shall appoint the initial members of the Board on or before September 1, 1989. Of the initial members, three shall serve until February 1, 1991, three until February 1, 3 1993, and three until February 1, 1995. On expiration of the initial terms, all terms shall be six years as provided in Section 1.05 above. Section 1.18 establishes the initi.al employment of the Executive Direc'tor. The position of Executive Director shall be filled by the Board no later than January 1, 1990. In the interim, an acting director shall be hired. Section 1.19 transfers all powers, duties, obligations, property, funds, employees, and records of the, Texas Department of Corrections to the Texas Board of Criminal Justice effective September 1, 1989. Section 1.20 transfers all powers, duties, obligations, property, funds, employees, and records of the Texas Adult Probation Commission and the Board of Pardons and Paroles to the Texas Board of Criminal Justice effective January 1, 1990. If a power, duty, or obligation is not specifically reserved t a particular di vision in the Department, the Board may assign the duty, power, or obligation to the division of its choice. On January 1, 1990, any and all legal reference to any of the subsumed agencies shall become a reference to the Texas Department of Criminal Justice. ARTICLE II Section 2.01 amends Section 317.005 of the Government Code by adding Subsection (i). It states that the Board has the authority to adopt an order under Section 2, Article II affecting any portion of the total appropriation for a state agency falling under jurisdiction of the Board for the fiscal year in which an order would be effective. Section 2.02 amends subtitle C, Title 3 of the Government Code, by adding Chapter 328. Chapter 328, Sec. 328.001, establishes the Legislative Criminal Justice Board, as an agency of the Legislature. It is composed of ten members, those being: the Lieutenant Governor or his/her designee, the Speaker of the House or his/her designee, the chair of the House Corrections Committee, Senate Criminal Justice Committee, House Appropriations Committee, and the Senate Finance Committee, two state representatives (appointed by the Speaker), and two senators ( appointed by the Lieutenant Governor). Sec. 328.002 defines the alternating chairmanship and vice chairmanship of the Lt. Governor and Speaker. 4 The term as chair is for two years concurrent with the fiscal biennium. Sec. 328.003 establishes the rules of" quorum and Sec. 328.004 establishes the meetings to be held quarterly during the calendar year. Sec. 328.005 defines the powers and duties of the Legislative Criminal Justice Board, they include the oversee and review of policy implementation, including fiscal policy. Sec. 328.006 and 328.007 defines the Boards oversight authority in reviewing rules adopted by the Texas Board of Criminal Justice relating to community correction programs, and the Department of Public Safety's automated fingerprint information system. Section 2.03 amends Section 413.017(b) of the Gover~~ent Code to read that the executive director of the Legislative Criminal Justice Board is appointed by the governor with the advise and consent of the Senate, and may not perform any other duties (for another agency) that would negatively affect his/her Derformance as executive director of the policy council. section 2.04 amends Chapter 413 of the Government code by adding Sections 413.019 and 413.020.