HBA-TBM H.B. 772 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 772
By: Haggerty
Corrections
7/16/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, the Texas Department of Criminal Justice
(TDCJ) housed more than 1,000 elderly inmates, approximately 200 of whom
suffer from chronic medical conditions that require 24-hour nursing care.
TDCJ's elderly population is expected to rise to more than 10,000 by 2008.
The legislature had created a special needs parole program to release
certain inmates to alternative facilities where federal funds could be used
to defray some of their expenses.  House Bill 772 authorizes the release of
inmates needing long-term care into a medically-recommended intensive
supervision program.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 772 amends the Government Code to replace references to special
needs parole with medically recommended intensive supervision.  The bill
authorizes the eligibility for release of an inmate who the Texas Council
on Offenders with Mental Impairments (TCOMI) in cooperation with the
Correctional Managed Health Care Committee identifies as having a condition
requiring long-term care, in addition to other conditions.  The bill
provides that as a condition for eligibility for release that TCOMI in
cooperation with the pardons and paroles division prepare for the inmate a
medically recommended intensive supervision plan that requires the inmate
to submit to electronic monitoring, places the inmate on super-intensive
supervision, or otherwise ensures appropriate supervision of the inmate.   

The bill provides that a parole panel shall require as a condition of
release that the inmate remain under the care of a physician and in a
medically suitable placement.  The bill requires TCOMI to report to the
Board of Pardons and Paroles on the inmate's medical and placement status.
The bill authorizes a parole panel on the basis of the report at least once
each calendar quarter to modify conditions of release and impose any
condition on the inmate that the panel could impose on a person released on
parole.   

The bill requires TCOMI and the Texas Department of Human Services (DHS) to
jointly request proposals from public or private vendors to provide
services for inmates released on medically recommended intensive
supervision.  The bill authorizes such proposals to require that the
services be provided in a medical care facility located in an urban area. 

In issuing requests for proposals on or after the effective date of this
Act, TCOMI and DHS are required to give consideration to the efficient use
of capacity made available to serve releasees pursuant to requests for
proposals issued before the effective date of this Act.   

EFFECTIVE DATE

September 1, 2001.