Part 20.
TEXAS WORKFORCE COMMISSION
Chapter 847.
PROJECT RIO FUNDED EMPLOYMENT ACTIVITIES AND SUPPORT SERVICES
The Texas Workforce Commission (Commission) proposes a new Chapter
847 relating to Project Re-Integration of Offenders (Project RIO) funded employment
activities and support services, including new Subchapter A. General Provisions, §§847.1-847.3;
Subchapter B. Project RIO Job Seeker Responsibilities, §§847.11-847.12;
Subchapter C. Project RIO Services, §§847.21-847.22; Subchapter
D. Project RIO Funded Employment Activities, §847.31; Subchapter E. Project
RIO Funded Support Services, §847.41; and Subchapter F. Expenditure of
Funds, §847.51.
The purpose of Project RIO is to provide a statewide employment referral
program designed to reintegrate into the labor force persons sentenced to
a state jail division facility or the institutional division and persons committed
to the Texas Youth Commission.
The Project RIO standards and guidelines, set forth in this Chapter, address
the roles and responsibilities of Boards to ensure that the Project RIO funded
employment activities and support services are available statewide through
the Texas Workforce Centers consistent with 40 TAC Chapter 801 relating to
the One-Stop Service Delivery Network. Project RIO funded employment activities
and support services are provided to adult and youth offenders before release
by the Texas Department of Criminal Justice (TDCJ) and the Texas Youth Commission
(TYC). Post-release employment activities and support services are provided
through the Texas Workforce Centers, and are designed to provide ex-offenders
with employment activities and support services that promote employment, meet
the needs of Texas employers, and reduce recidivism. The provisions in this
chapter are intended to implement and be consistent with Chapter 306, Texas
Labor Code, Chapter 2308.312, Texas Government Code and the Memorandum of
Understanding with the Texas Department of Criminal Justice and the Texas
Youth Commission.
The One-Stop Service Delivery Network, which includes the Board's management
and oversight of local service providers includes a one-stop operator that
manages local Texas Workforce Centers that provide access to a multitude of
services to employers and job seekers, including but not limited to the services
and activities set forth in 40 TAC Chapter 801, Subchapter B. The One-Stop
Service Delivery Network is the vehicle for providing integrated services
that are streamlined services, empower individuals, provide universal access
to services, increase accountability for service delivery, and provide for
a strong role for Boards in coordinating services at the local level to maximize
the benefits to individuals and employers.
The Texas Workforce Centers are based on a partnership among the Boards,
their contracted service providers, the Commission, and other partners, including
but not limited to the Texas Youth Commission and Texas Department of Criminal
Justice to ensure that a seamless network of information and services are
provided that are responsive to the individual needs of customers including
employers and job seekers. The Boards utilize a competitively procured one-stop
operator for the provision of employment activities and support services.
The Project RIO employment and training services are a required service that
must be accessible through the Texas Workforce Centers as required by Section
2308.312, Texas Government Code, and Chapter 302, Texas Labor Code.
Part of the Commission's innovative system of workforce training and services
throughout the State of Texas is the Project RIO funded employment activities
and support services. The Boards currently plan and oversee a broad array
of workforce programs, including WIA Adult and Youth services. These two programs
in particular may offer opportunities to provide additional core and intensive
services such as comprehensive and specialized assessments or diagnostic testing,
case management, short-term prevocational training, and training, when appropriate,
for RIO Adults. For RIO Youth, the services under WIA Youth provide many opportunities
for youths to strengthen their awareness and connections to employment, including
summer employment and paid and unpaid work experiences such as internships
and job shadowing. In addition, WIA Youth offers tutoring, study skills training
and other dropout prevention strategies, occupational skills training, as
appropriate, and leadership development opportunities such as community service,
with adult mentoring for the period of participation as well as subsequently
for a total of 12 months.
One of the primary goals of the Commission is to meet the needs of Texas
employers for the development of a highly skilled and productive workforce.
As a part of this goal, the Commission strives to prepare, place and retain
individuals in employment, and meet the needs of workers of this state for
education and skills. It is a goal for the Commission that all participants
in Project RIO funded employment activities and support services successfully
secure employment.
Project RIO is a legislatively created joint undertaking intended to reduce
recidivism by preparing ex-offenders for re-employment into society by assisting
them in securing meaningful employment after release. Success in Project RIO
has largely been a product of a high level of interagency cooperation among
the correctional and workforce development agencies. Specifically, the Texas
Department of Criminal Justice (TDCJ) and the Texas Youth Commission (TYC)
along with the Texas Workforce Commission cooperate to provide for a full
integration of Project RIO funded employment activities and support services.
The Commission anticipates that the service delivery through coordination
with the Boards and use of the Texas Workforce Centers will strengthen the
partnerships with local TDCJ and TYC contacts in each local workforce development
area to improve and enhance services to yield greater successes for Project
RIO job seekers. The Commission also anticipates that the one-stop service
delivery approach will be more fully implemented through the Boards more direct
coordination of local services with the local partners that will enhance the
levels of coordination for the benefit of Project RIO job seekers.
Project RIO funded employment activities and support services are provided
to adults and youth offenders in TDCJ's prisons, State Jails, and Texas Youth
Commission facilities. Employment activities and support services provided
in these settings are focused on offenders projected to be released within
three years to better equip the individual to secure employment.
TDCJ Institutional Division (prisons) and State Jail Division Project RIO
staff also organize Career Fairs and Job Fairs in the TDCJ facilities respectively
as part of their efforts to prepare the offender population for re-entry into
the labor force.
At the time of release, the majority of Project RIO job seekers have a
supervising officer at TDCJ or TYC. The supervising Parole Officer is a critical
team member because the Parole Officers make the initial referrals for Project
RIO job seekers. The Boards' role is to ensure that the Parole Officers are
informed of status of the Project RIO job seekers' progress with securing
employment through the Project RIO funded employment activities and support
services.
Some ex-offenders may be released into the community with no supervision
because they have fully discharged their sentence. This situation commonly
occurs with State Jail ex-offenders and, on occasion, with individuals who
fully discharge their sentence in prison. These individuals become aware of
Project RIO while incarcerated and may volunteer for participation.
Project RIO funded services for youths have shown success in providing
early intervention and diversion services to adjudicated youth. The Commission
anticipates local partnerships formed to address the needs of the youths will
enhance the services to these youths as well.
Project RIO data is presently maintained on multiple automated systems,
though plans are in place to consolidate and maintain all data onto The Workforce
Information System of Texas (TWIST) and the WorkInTexas.com (WIT) systems
by Spring 2003 to facilitate coordinated employment activities and services
available through the Texas Workforce Centers and the One-Stop Service Delivery
Network.
The Commission recognizes that Fidelity Bonding is a valuable job placement
tool for Project RIO job seekers. Project RIO funded services include the
availability of Fidelity Bonding services to the employer and ex-offender.
To assure that this placement tool continues to be offered in a cost efficient
fashion, the Texas Workforce Commission, through the Commission's Project
RIO department, will continue to obtain the necessary bonds and make them
available for use in placing RIO job seekers.
Resources to support the Board's Project RIO oversight and management of
the local one-stop operators and the direct employment activities and support
services are anticipated to be distributed among the local workforce development
areas based on factors such as those that recognize both the potential service
populations and the existing referral patterns as evidenced by past coordination
of referrals for Project RIO funded services.
Randy Townsend, Chief Financial Officer, has determined that for the first
five-year period the rules are in effect, the following statements will apply:
there are no additional estimated costs to the state and to local governments
expected as a result of enforcing or administering the rules;
there are no estimated reductions in costs to the state and to local governments
as a result of enforcing or administering the rules;
there are no estimated losses or increases in revenue to the state and
to local governments as a result of enforcing or administering the rules;
there are no foreseeable implications relating to costs or revenue of the
state or local governments as a result of enforcing or administering the rules;
and
there are no anticipated economic costs to persons required to comply with
the rules.
Mr. Townsend, Chief Financial Officer, has determined that there is no
anticipated adverse impact on small businesses as a result of enforcing or
administering the rules because small businesses are not required to do anything
as a result of the rules.
James Barnes, Director of Labor Market Information, has determined that
the proposed rules would not affect private employment. The Director of Labor
Market Information does not expect any significant impact upon overall employment
conditions in the state as a result of the proposed rules.
Under §2007.003(b), Texas Government Code, the Office of General Counsel
has determined that Chapter 2007 does not apply to this rule. Accordingly,
the Agency is not required to complete a takings impact statement regarding
these rules.
Luis Macias, Director of Workforce Division, has determined that for each
year of the first five years the rules are in effect, the public benefit anticipated
as a result of enforcing the rules will be to provide Project RIO funded employment
activities and support services in a more integrated manner that coordinates
access to employment activities and services available through the Texas Workforce
Centers.
Comments on the proposal may be submitted to John Moore, Office of General
Counsel, Texas Workforce Commission, 101 East 15th Street, Room 608, Austin,
Texas 78778-0001; fax (512)463-1426. Comments may also be submitted via e-mail
to Mr. Moore at ruleandpolicy.comments@twc.state.tx.us. Comments must be received
by the Commission within thirty (30) days from the date this proposal is published
in the
Texas Register
.
For information about the Commission please visit our web page at www.texasworkforce.org.
Subchapter A. GENERAL PROVISIONS
40 TAC §§847.1 - 847.3
The rules are proposed under Texas Labor Code, §301.061
which provides the Texas Workforce Commission with the authority to adopt,
amend, or repeal such rules as it deems necessary for the effective administration
of Commission activities and services and Chapter 306, Texas Labor Code, and
particularly §306.003 that requires the Commission to administer the
project and §306.006, which states the Project RIO director's duties
to set standards and guidelines for the operation of the project.
Texas Labor Code, Title 4 and particularly Chapter 301 and Chapter 302
will be affected by the repeals.
§847.1.Purpose.
(a)
Purpose. The purpose of Project RIO is to provide a statewide
employment referral program designed to reintegrate into the labor force persons
sentenced to a State Jail Division felony facility or the institutional division
and persons committed to the Texas Youth Commission.
(b)
Scope of Rules. The Project RIO standards and guidelines,
set forth in this Chapter, address the roles and responsibilities of Boards
to ensure that the Project RIO funded employment activities and support services
are available statewide through the Texas Workforce Centers consistent with
40 TAC Chapter 801 relating to the One-Stop Service Delivery Network. Project
RIO funded employment activities and support services are provided to adult
and youth offenders before release by the Texas Department of Criminal Justice
(TDCJ) and the Texas Youth Commission (TYC). Post-release employment activities
and support services are provided through the Texas Workforce Centers, and
are designed to provide ex-offenders with employment activities and support
services that promote employment, meet the needs of Texas employers, and reduce
recidivism. The provisions in this chapter are intended to be consistent with
Chapter 306, Texas Labor Code, Chapter 2308.312, Texas Government Code and
the Memorandum of Understanding with the Texas Department of Criminal Justice
and the Texas Youth Commission.
§847.2.Definitions.
The following words and terms, when used in this Chapter, shall have
the following meanings unless the context clearly indicates otherwise.
(1)
Project RIO job seeker--an individual involved with the
Texas criminal justice or juvenile justice systems that may include the following:
(A)
adults that were formerly confined by the TDCJ Institutional
Division who are within one year after their release from incarceration and
are currently under, or within one year of completion of their term of supervision
by the Texas Department of Criminal Justice Parole Division. This category
shall not include individuals identified as having participated in the Texas
Correctional Industries Work Against Recidivism (WAR) program;
(B)
adjudicated youth ages 16 through 21, seeking employment
activities and support services as a result of having been formerly confined
in a Texas Youth Commission Facility;
(C)
adults that were formerly confined in a TDCJ Institutional
Division facility and having participated in the Work Against Recidivism (WAR)
program; and are currently under, or within one year of completion of their
term of confinement or supervision by the Texas Department of Criminal Justice
Parole Division; and
(D)
adults that were formerly confined in a TDCJ State Jail
facilities that are within one year of their release from incarceration.
(2)
TDCJ--Texas Department of Criminal Justice.
(3)
TYC--Texas Youth Commission.
§847.3.General Board Responsibilities.
(a)
Role of Boards. A Board shall ensure that individuals referred
by TDCJ and TYC as Project RIO job seekers participate in Project RIO funded
employment activities and support services and other workforce activities
and support services as appropriate. The employment activities and support
services, as defined in this chapter, should meet the needs of local employers,
prepare Project RIO job seekers to compete in the labor market, and assist
ex-offenders in locating employment.
(b)
Board Planning. A Board shall develop, amend, and modify
its Integrated Plan to incorporate and coordinate the design and management
of the delivery of employment activities and support services with the delivery
of other workforce employment, training, and educational services identified
in Texas Government Code Section 2308.251
et seq.
, Texas Government Code Section 2308.312
et seq.
, as well as other employment and training services included
in the One-Stop Service Delivery Network as set forth in Chapter 801 of this
title.
(c)
Board Coordination. The Boards shall coordinate with the
following entities in ensuring the transition of Project RIO job seekers to
employment:
(1)
TDCJ -Local Parole Division - A Board shall coordinate
the provision of Project RIO funded employment activities and support services
with the referring Parole Division supervising officer. This coordination
shall assure that the local Parole Division is made aware of the results of
the initial referral for Project RIO service, as well as periodic updates
regarding program participation status as determined appropriate for the individual.
(2)
TDCJ -Local Institutional Division - A Board shall coordinate
the provision of Project RIO funded employment activities and support services
with TDCJ Institutional Division (ID) by utilizing the data and resources
developed by the TDCJ ID Project RIO component prior to the offender's release.
(3)
TDCJ -Local State Jail Division - A Board shall coordinate
the provision of Project RIO funded employment activities and support services
with TDCJ State Jail Division by utilizing the data and resources developed
by the State Jail Project RIO component prior to the offender's release.
(4)
TYC - Local Offices - A Board shall coordinate the provision
of Project RIO funded employment activities and support services with the
referring TYC supervising officer. This coordination shall assure that TYC
is made aware of the results of the initial referral for Project RIO service,
as well as periodic updates regarding program participation status.
(5)
Other Partners- For the purposes of assuring that Project
RIO job seekers have the necessary support services available to them to enable
successful re-entry into society, a Board shall develop cooperative agreements
and service arrangements meeting the requirements of the Texas Labor Code,
Section 306.007(a).
(d)
Service Delivery Strategies: A Board shall develop a Project
RIO Service Delivery Strategy that fully incorporates the following elements:
(1)
ensure the efficient delivery and linkage of employment
activities and support services within the local workforce development area's
(LWDA) One-Stop Service Delivery Network with other employment and training
services funded through the Texas Workforce Center, including particularly
WIA Adult and Youth services;
(2)
ensure that employment documents secured by the TDCJ Institutional
Division, State Jail Division, or TYC Project RIO components are properly
routed to the ex-offender;
(3)
ensure a point of contact for the TDCJ Parole Division
and TYC to facilitate access to information regarding the Project RIO job
seeker's progress toward securing employment and related participation information;
(4)
ensure the outreach of Project RIO job seekers at TDCJ
Parole Division and TYC facilities;
(5)
ensure that all Project RIO job seekers have signed a job
seeker Responsibility Agreement, as set forth in this Chapter;
(6)
ensure the participation of the One-Stop Service Delivery
Network in job fairs/career fairs held in TDCJ facilities;
(7)
ensure the use of reporting and document management systems
related to Project RIO participation as required by the Commission;
(8)
ensure that all performance standards as developed by the
Commission are met; and
(9)
ensure the performance of any other duties as required
by the Commission necessary to implement the intent of Chapter 306, Texas
Labor Code.
(e)
Access to Project RIO Employment Activities and Support
Services. A Board shall ensure that the monitoring of program requirements
and participant activities occurs on an ongoing basis, as determined appropriate
by the Board, and consists of the following:
(1)
tracking and reporting of employment activities and support
services;
(2)
determining and arranging for any intervention needed to
assist the Project RIO job seeker in complying with Project RIO employment
activities and support service requirements to address barriers to employment;
and
(3)
ensuring progress toward achieving the goals and objectives
in the Project RIO job seeker's Individual Employment Plan, as set forth in §
847.13 of this Chapter, and job seeker Responsibility Agreement, as set forth
in §847.14 of this Chapter.
(f)
TDCJ Notice. A Board shall ensure that notification is
made in a timely manner to the Texas Department of Criminal Justice Parole
Division if a job seeker fails to comply with job seeker Responsibility Agreement
as set forth in §847.14 of this Chapter.
(g)
Employer Notice. A Board shall ensure that employers are
informed of the ex-offender's status as an ex-offender at the time of the
employment referral and the availability of Work Opportunity Tax Credits.
(h)
Youth Confidentiality. A Board shall ensure that employment
referrals for adjudicated youth are made in accordance with the confidentiality
requirements set forth in state statutes, state rules and Commission policies.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on December 19, 2002.
TRD-200208414
John Moore
Assistant General Counsel
Texas Workforce Commission
Earliest possible date of adoption: February 2, 2003
For further information, please call: (512) 463-2573
40 TAC §847.11, §847.12
The rules are proposed under Texas Labor Code, §301.061
which provides the Texas Workforce Commission with the authority to adopt,
amend, or repeal such rules as it deems necessary for the effective administration
of Commission activities and services and Chapter 306, Texas Labor Code, and
particularly §306.003 that requires the Commission to administer the
project and §306.006, which states the Project RIO director's duties
to set standards and guidelines for the operation of the project.
Texas Labor Code, Title 4 and particularly Chapter 301 and Chapter 302
will be affected by the repeals.
§847.11.Job Seeker Responsibilities.
Project RIO job seekers shall:
(1)
sign the job seeker Responsibility Agreement;
(2)
participate in employment activities as specified in the
Individual Employment Plan;
(3)
attend scheduled Project RIO appointments;
(4)
secure employment by finding positions of employment that
requires the skills possessed by the Project RIO job seeker;
(5)
notify the Board's designated Project RIO contact when
starting work on any job;
(6)
participate in or receive support services necessary to
enable the Project RIO job seeker to work or participate in employment activities,
including counseling, treatment, vocational or physical rehabilitation;
(7)
be free of outstanding warrants and not in pre-revocation
status; and
(8)
be drug-free and comply with other terms or conditions
of parole.
§847.12.Job Seeker Failure to Comply.
Project RIO job seekers referred by the TDCJ Parole Division who fail
to meet the requirements of the Individual Employment Plan and job seeker
Responsibility Agreement may be deemed ineligible for RIO funded employment
activities and support services and such participation status shall be reported
to TDCJ Parole Division. Failure to comply, as determined by the Board designated
Project RIO contact, or other person designated by the Board includes, but
is not limited to:
(1)
failing to report to two scheduled interviews,
(2)
turning down a position of employment that is consistent
with the skills possessed by the Project RIO job seeker,
(3)
quitting an employment activity without cause, or
(4)
being terminated from a job for misconduct.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on December 19, 2002.
TRD-200208415
John Moore
Assistant General Counsel
Texas Workforce Commission
Earliest possible date of adoption: February 2, 2003
For further information, please call: (512) 463-2573
40 TAC §847.21, §847.22
The rules are proposed under Texas Labor Code, §301.061
which provides the Texas Workforce Commission with the authority to adopt,
amend, or repeal such rules as it deems necessary for the effective administration
of Commission activities and services and Chapter 306, Texas Labor Code, and
particularly §306.003 that requires the Commission to administer the
project and §306.006, which states the Project RIO director's duties
to set standards and guidelines for the operation of the project.
Texas Labor Code, Title 4 and particularly Chapter 301 and Chapter 302
will be affected by the repeals.
§847.21.Job Seeker Assessment.
(a)
A Board shall ensure that initial and ongoing assessments
are performed to determine the employability and retention needs of Project
RIO job seekers.
(b)
Assessments shall include evaluations of strengths and
potential barriers to securing and retaining employment, such as:
(1)
skills and abilities, employment, and educational history
in relation to employers' workforce needs in the local labor market;
(2)
support services needs; and
(3)
family circumstances that may affect participation, including
the existence of domestic violence, substance abuse, and mental illness, or
the need for parenting skills training, as one of the factors considered in
evaluating employability.
(c)
Assessments shall result in the development of an Individual
Employment Plan, as described in this Chapter.
§847.22.Job Seeker Individual Employment Plan.
Boards shall ensure that the Individual Employment Plan:
(1)
identifies and coordinates the provision of services available
through the Texas Workforce Centers,
(2)
is based on assessments, as described in this chapter;
(3)
contains the goal of employment to meet the needs of the
local labor market;
(4)
allows the individuals to secure employment by finding
a position of employment that require the skills possessed by the Project
RIO Job Seeker;
(5)
meets the needs of employers by linking individuals with
skills that match those job requirements identified by the employer; and
(6)
is signed by the Project RIO job seeker.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on December 19, 2002.
TRD-200208416
John Moore
Assistant General Counsel
Texas Workforce Commission
Earliest possible date of adoption: February 2, 2003
For further information, please call: (512) 463-2573
40 TAC §847.31
The rules are proposed under Texas Labor Code, §301.061
which provides the Texas Workforce Commission with the authority to adopt,
amend, or repeal such rules as it deems necessary for the effective administration
of Commission activities and services and Chapter 306, Texas Labor Code, and
particularly §306.003 that requires the Commission to administer the
project and §306.006, which states the Project RIO director's duties
to set standards and guidelines for the operation of the project.
Texas Labor Code, Title 4 and particularly Chapter 301 and Chapter 302
will be affected by the repeals.
§847.31.Employment Activities for Project RIO Job Seekers.
(a)
Boards shall ensure that employment activities are provided
for Project RIO job seekers, which may include one or more of the following
as determined by the Board's designated Project RIO contact or his or her
designee:
(1)
counseling, guidance, and motivation for development of
positive work behaviors necessary for the labor market;
(2)
job search skills training, including interview skills;
(3)
information and referral to available jobs;
(4)
occupational exploration, including information on local
target and demand occupations;
(5)
assistance with applications and resumes;
(6)
Work Opportunity Tax Credit (WOTC) screening and conditional
certification; and
(7)
Fidelity Bonding services, which are available through
the Commission.
(b)
Boards shall ensure that other employment and training
activities available through the One-Stop Service Delivery Network and paid
for with funds other than Project RIO funds are considered and provided as
deemed appropriate by the Board's designated Project RIO contact in order
to maximize the opportunities for Project RIO job seekers to secure employment.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on December 19, 2002.
TRD-200208417
John Moore
Assistant General Counsel
Texas Workforce Commission
Earliest possible date of adoption: February 2, 2003
For further information, please call: (512) 463-2573
Subchapter B. PROJECT RIO JOB SEEKER RESPONSIBILITIES
Subchapter C. PROJECT RIO SERVICES
Subchapter D. PROJECT RIO FUNDED EMPLOYMENT ACTIVITIES
Subchapter E. PROJECT RIO FUNDED SUPPORT SERVICES