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AN ACT
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relating to the continuation and functions of the Texas Board of |
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Criminal Justice, the Texas Department of Criminal Justice, and the |
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Correctional Managed Health Care Committee, and to the functions of |
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the Board of Pardons and Paroles. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Article 15.19, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) If the arrested person [accused] fails or refuses to |
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give bail, as provided in [the preceding] Article 15.18, the |
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arrested person [he] shall be committed to the jail of the county |
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where the person [he] was arrested; and the magistrate committing |
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the arrested person [him] shall immediately provide notice to |
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[notify] the sheriff of the county in which the offense is alleged |
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to have been committed regarding: |
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(1) [of] the arrest and commitment, which notice may |
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be given by telegraph, [by] mail, or [by] other written means; and |
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(2) whether the person was also arrested under a |
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warrant issued under Section 508.251, Government Code [notice]. |
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SECTION 2. Article 15.20, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 15.20. DUTY OF SHERIFF RECEIVING NOTICE. (a) Subject |
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to Subsection (b), the [The] sheriff receiving the notice of arrest |
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and commitment under Article 15.19 shall forthwith go or send for |
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the arrested person [prisoner] and have the arrested person [him] |
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brought before the proper court or magistrate. |
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(b) A sheriff who receives notice under Article 15.19(a)(2) |
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of a warrant issued under Section 508.251, Government Code, shall |
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have the arrested person brought before the proper magistrate or |
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court before the 11th day after the date the person is committed to |
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the jail of the county in which the person was arrested. |
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SECTION 3. Article 15.21, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 15.21. PRISONER DISCHARGED IF NOT TIMELY DEMANDED. If |
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the proper office of the county where the offense is alleged to have |
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been committed does not demand the arrested person [prisoner] and |
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take charge of the arrested person before the 11th day after the |
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date the person [him within ten days from the day he] is committed |
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to the jail of the county in which the person is arrested, the |
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arrested person [such prisoner] shall be discharged from custody. |
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SECTION 4. Subsection (a), Section 8, Article 42.09, Code |
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of Criminal Procedure, is amended to read as follows: |
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(a) A county that transfers a defendant to the Texas |
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Department of Criminal Justice under this article shall deliver to |
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an officer designated by the department: |
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(1) a copy of the judgment entered pursuant to Article |
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42.01 of this code, completed on a standardized felony judgment |
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form described by Section 4 of that article; |
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(2) a copy of any order revoking community supervision |
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and imposing sentence pursuant to Section 23, Article 42.12, of |
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this code, including: |
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(A) any amounts owed for restitution, fines, and |
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court costs, completed on a standardized felony judgment form |
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described by Section 4, Article 42.01, of this code; and |
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(B) a copy of the client supervision plan |
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prepared for the defendant by the community supervision and |
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corrections department supervising the defendant, if such a plan |
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was prepared; |
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(3) a written report that states the nature and the |
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seriousness of each offense and that states the citation to the |
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provision or provisions of the Penal Code or other law under which |
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the defendant was convicted; |
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(4) a copy of the victim impact statement, if one has |
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been prepared in the case under Article 56.03 of this code; |
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(5) a statement as to whether there was a change in |
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venue in the case and, if so, the names of the county prosecuting |
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the offense and the county in which the case was tried; |
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(6) a copy of the record of arrest for each offense; |
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(7) if requested, information regarding the criminal |
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history of the defendant, including the defendant's state |
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identification number if the number has been issued; |
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(8) a copy of the indictment or information for each |
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offense; |
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(9) a checklist sent by the department to the county |
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and completed by the county in a manner indicating that the |
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documents required by this subsection and Subsection (c) of this |
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section accompany the defendant; |
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(10) if prepared, a copy of a presentence or |
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postsentence investigation report prepared under Section 9, |
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Article 42.12 of this code; |
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(11) a copy of any detainer, issued by an agency of the |
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federal government, that is in the possession of the county and that |
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has been placed on the defendant; [and] |
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(12) if prepared, a copy of the defendant's Texas |
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Uniform Health Status Update Form; and |
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(13) a written description of a hold or warrant, |
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issued by any other jurisdiction, that the county is aware of and |
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that has been placed on or issued for the defendant. |
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SECTION 5. Subsection (b), Section 5, Article 42.12, Code |
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of Criminal Procedure, is amended to read as follows: |
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(b) On violation of a condition of community supervision |
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imposed under Subsection (a) of this section, the defendant may be |
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arrested and detained as provided in Section 21 of this article. |
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The defendant is entitled to a hearing limited to the determination |
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by the court of whether it proceeds with an adjudication of guilt on |
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the original charge. This determination is reviewable in the same |
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manner as a revocation hearing conducted under Section 21 of this |
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article in a case in which an adjudication of guilt had not been |
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deferred [No appeal may be taken from this determination]. After an |
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adjudication of guilt, all proceedings, including assessment of |
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punishment, pronouncement of sentence, granting of community |
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supervision, and defendant's appeal continue as if the adjudication |
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of guilt had not been deferred. A court assessing punishment after |
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an adjudication of guilt of a defendant charged with a state jail |
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felony may suspend the imposition of the sentence and place the |
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defendant on community supervision or may order the sentence to be |
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executed, regardless of whether the defendant has previously been |
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convicted of a felony. |
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SECTION 6. Subdivision (1), Subsection (a), Section 15, |
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Article 42.12, Code of Criminal Procedure, is amended to read as |
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follows: |
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(1) On conviction of a state jail felony under Section |
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481.115(b), 481.1151(b)(1), 481.116(b), 481.121(b)(3), or |
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481.129(g)(1), Health and Safety Code, that is punished under |
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Section 12.35(a), Penal Code, the judge shall suspend the |
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imposition of the sentence and place the defendant on community |
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supervision, unless the defendant has previously been convicted of |
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a felony or unless the conviction resulted from an adjudication of |
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the guilt of a defendant previously placed on deferred adjudication |
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community supervision for the offense, in which event the judge may |
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suspend the imposition of the sentence and place the defendant on |
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community supervision or may order the sentence to be executed. The |
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provisions of this subdivision requiring the judge to suspend the |
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imposition of the sentence and place the defendant on community |
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supervision do not apply to a defendant who under Section |
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481.1151(b)(1), Health and Safety Code, possessed more than five |
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abuse units of the controlled substance or under Section |
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481.121(b)(3), Health and Safety Code, possessed more than one |
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pound of marihuana. |
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SECTION 7. Section 15, Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subsections (i), (j), and (k) to |
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read as follows: |
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(i) If a defendant is convicted of a state jail felony and |
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the sentence is executed, the judge sentencing the defendant may |
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release the defendant to a medically suitable placement if the |
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judge determines that the defendant does not constitute a threat to |
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public safety and the Texas Correctional Office on Offenders with |
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Medical or Mental Impairments: |
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(1) in coordination with the Correctional Managed |
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Health Care Committee prepares a case summary and medical report |
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that identifies the defendant as being elderly, physically |
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disabled, mentally ill, terminally ill, or mentally retarded or |
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having a condition requiring long-term care; and |
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(2) in cooperation with the community supervision and |
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corrections department serving the sentencing court, prepares for |
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the defendant a medically recommended intensive supervision and |
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continuity of care plan that: |
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(A) ensures appropriate supervision of the |
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defendant by the community supervision and corrections department; |
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and |
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(B) requires the defendant to remain under the |
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care of a physician at and reside in a medically suitable placement. |
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(j) The Texas Correctional Office on Offenders with Medical |
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or Mental Impairments shall submit to a judge who releases a |
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defendant to an appropriate medical care facility under Subsection |
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(i) a quarterly status report concerning the defendant's medical |
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and treatment status. |
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(k) If a defendant released to a medically suitable |
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placement under Subsection (i) violates the terms of that release, |
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the judge may dispose of the matter as provided by Subsections (e) |
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and (f)(1). |
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SECTION 8. Section 16, Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subsection (f) to read as follows: |
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(f) In lieu of requiring a defendant to work a specified |
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number of hours at a community service project or projects under |
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Subsection (a), the judge may order a defendant to make a specified |
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donation to a nonprofit food bank or food pantry in the community in |
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which the defendant resides. |
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SECTION 9. Section 19, Article 42.12, Code of Criminal |
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Procedure, is amended by amending Subsections (a) and (b) and |
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adding Subsection (g) to read as follows: |
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(a) Except as otherwise provided by this subsection, a judge |
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granting community supervision shall fix a fee of not less than $25 |
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and not more than $60 per month to be paid during the period of |
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community supervision by the defendant to the court of original |
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jurisdiction or, in the case of an intrastate transfer described by |
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Section 10(b) of this article, to the court to which jurisdiction of |
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the defendant's case is transferred [by the defendant during the
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community supervision period]. The judge may make payment of the |
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fee a condition of granting or continuing the community |
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supervision. The judge may waive or reduce the fee or suspend a |
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monthly payment of the fee if the judge determines that payment of |
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the fee would cause the defendant a significant financial hardship. |
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(b) A [The] judge shall deposit any fee [the fees] received |
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under Subsection (a) of this section in the special fund of the |
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county treasury, to be used for the same purposes for which state |
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aid may be used under Chapter 76, Government Code. |
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(g) A court to which jurisdiction of a defendant's case is |
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transferred under Section 10(b) of this article shall enter an |
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order directing the defendant to pay the monthly fee described by |
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Subsection (a) of this section to that court in lieu of paying the |
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monthly fee to the court of original jurisdiction. To the extent of |
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any conflict between an order issued under this subsection and an |
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order issued by a court of original jurisdiction, the order entered |
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under this subsection prevails. |
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SECTION 10. Subsection (c), Article 61.06, Code of Criminal |
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Procedure, is amended to read as follows: |
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(c) In determining whether information is required to be |
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removed from an intelligence database under Subsection (b), the |
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three-year period does not include any period during which the |
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individual who is the subject of the information is: |
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(1) confined in a correctional facility operated by or |
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under contract with the [institutional division or the state jail
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division of the] Texas Department of Criminal Justice; or |
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(2) confined in a county jail in lieu of being confined |
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in a correctional facility operated by or under contract with the |
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Texas Department of Criminal Justice. |
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SECTION 11. Section 76.004, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (h) to read as |
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follows: |
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(a) After complying with the requirements of Subsection |
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(h), the [The] judges described by Section 76.002 shall appoint a |
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department director who must meet, at a minimum, the eligibility |
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requirements for officers established under Section 76.005. |
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(h) When there is a vacancy in the position of department |
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director, the judges described by Section 76.002 shall: |
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(1) publicly advertise the position; |
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(2) post a job description, the qualifications for the |
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position, and the application requirements; |
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(3) conduct a competitive hiring process and adhere to |
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state and federal equal employment opportunity laws; and |
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(4) review applicants who meet the posted |
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qualifications and comply with the application requirements. |
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SECTION 12. The heading to Subtitle C, Title 3, Government |
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Code, is amended to read as follows: |
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SUBTITLE C. LEGISLATIVE AGENCIES AND OVERSIGHT COMMITTEES |
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SECTION 13. Subtitle C, Title 3, Government Code, is |
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amended by adding Chapter 328 to read as follows: |
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CHAPTER 328. CRIMINAL JUSTICE LEGISLATIVE OVERSIGHT COMMITTEE |
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Sec. 328.001. DEFINITION. In this chapter, "committee" |
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means the Criminal Justice Legislative Oversight Committee. |
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Sec. 328.002. ESTABLISHMENT; COMPOSITION. (a) The |
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Criminal Justice Legislative Oversight Committee is established to |
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provide objective research, analysis, and recommendations to help |
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guide state criminal justice policies. |
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(b) The committee is composed of six members as follows: |
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(1) the chair of the Senate Committee on Criminal |
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Justice; |
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(2) the chair of the House Committee on Corrections; |
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(3) two members of the senate appointed by the |
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lieutenant governor; and |
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(4) two members of the house of representatives |
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appointed by the speaker of the house of representatives. |
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(c) In making appointments under Subsection (b)(3) or (4), |
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the lieutenant governor or the speaker of the house of |
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representatives, as applicable, shall give first consideration to |
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members of the senate or the house of representatives who are |
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members of the Senate Committee on Finance or the House |
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Appropriations Committee. |
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(d) An appointed member of the committee serves at the |
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pleasure of the appointing official. |
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Sec. 328.003. PRESIDING OFFICER; TERM. (a) The lieutenant |
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governor and the speaker of the house of representatives shall |
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appoint the presiding officer of the committee on an alternating |
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basis. |
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(b) The presiding officer of the committee serves a two-year |
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term that expires February 1 of each odd-numbered year. |
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Sec. 328.004. POWERS AND DUTIES. (a) The committee shall: |
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(1) use statistical analyses and other research |
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methods to conduct an in-depth examination of the criminal justice |
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system in this state that includes: |
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(A) an assessment of the cost-effectiveness of |
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the use of state and local funds in the criminal justice system; |
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(B) an identification of critical problems in the |
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criminal justice system; and |
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(C) a determination of the long-range needs of |
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the criminal justice system; |
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(2) recommend to the legislature: |
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(A) strategies to solve the problems identified |
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under Subdivision (1)(B); and |
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(B) policy priorities to address the long-range |
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needs determined under Subdivision (1)(C); and |
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(3) advise and assist the legislature in developing |
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plans, programs, and proposed legislation to improve the |
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effectiveness of the criminal justice system. |
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(b) The committee has all other powers and duties provided |
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to a special committee by: |
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(1) Subchapter B, Chapter 301; |
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(2) the rules of the senate and the house of |
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representatives; and |
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(3) policies of the senate and house committees on |
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administration. |
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Sec. 328.005. MEETINGS. The committee shall meet at the |
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call of the presiding officer. |
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Sec. 328.006. STAFF; AUTHORITY TO CONTRACT. The committee |
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may hire staff or may contract with universities or other suitable |
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entities to assist the committee in carrying out the committee's |
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duties. Funding to support the operation of the committee shall be |
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provided from funds appropriated to the Texas Legislative Council. |
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Sec. 328.007. REPORT. Not later than January 1 of each |
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odd-numbered year, the committee shall submit to the legislature a |
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report that contains the recommendations described by Section |
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328.004(a)(2). |
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SECTION 14. Section 492.012, Government Code, is amended to |
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read as follows: |
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Sec. 492.012. SUNSET PROVISION. The Texas Board of |
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Criminal Justice and the Texas Department of Criminal Justice are |
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subject to Chapter 325 (Texas Sunset Act). Unless continued in |
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existence as provided by that chapter, the board and the department |
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are abolished September 1, 2011 [2007]. |
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SECTION 15. Chapter 492, Government Code, is amended by |
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adding Sections 492.0125, 492.015, and 492.016 to read as follows: |
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Sec. 492.0125. COMPLIANCE WITH SUNSET RECOMMENDATIONS. |
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(a) The department shall: |
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(1) comply with and implement the management action |
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recommendations regarding the department adopted by the Sunset |
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Advisory Commission on January 10, 2007, as a result of its review |
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of the department; and |
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(2) report to the Sunset Advisory Commission not later |
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than November 1, 2008, the information the Sunset Advisory |
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Commission requires regarding the department's implementation of |
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the recommendations under Subdivision (1). |
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(b) This section expires June 1, 2009. |
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Sec. 492.015. USE OF TECHNOLOGY. The board shall implement |
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a policy requiring the department to use appropriate technological |
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solutions to improve the department's ability to perform its |
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functions. The policy must ensure that the public is able to |
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interact with the department on the Internet. |
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Sec. 492.016. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE |
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RESOLUTION. (a) The board shall develop and implement a policy to |
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encourage the use of: |
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(1) negotiated rulemaking procedures under Chapter |
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2008 for the adoption of department rules; and |
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(2) appropriate alternative dispute resolution |
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procedures under Chapter 2009 to assist in the resolution of |
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internal and external disputes under the department's |
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jurisdiction. |
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(b) The department's procedures relating to alternative |
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dispute resolution must conform, to the extent possible, to any |
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model guidelines issued by the State Office of Administrative |
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Hearings for the use of alternative dispute resolution by state |
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agencies. |
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(c) The board shall designate a trained person to: |
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(1) coordinate the implementation of the policy |
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adopted under Subsection (a); |
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(2) serve as a resource for any training needed to |
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implement the procedures for negotiated rulemaking or alternative |
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dispute resolution; and |
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(3) collect data concerning the effectiveness of those |
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procedures, as implemented by the department. |
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SECTION 16. Chapter 493, Government Code, is amended by |
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adding Section 493.0151 to read as follows: |
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Sec. 493.0151. DYNAMIC RISK ASSESSMENT OF SEX OFFENDERS. |
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(a) For purposes of this section, "sexual offense" means a |
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criminal offense the conviction of which requires a person to |
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register as a sex offender under Chapter 62, Code of Criminal |
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Procedure. |
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(b) Before an inmate who is serving a sentence for a sexual |
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offense is discharged or is released on parole or mandatory |
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supervision from the department, the department shall use the |
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dynamic risk assessment tool developed by the Council on Sex |
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Offender Treatment under Section 110.164, Occupations Code, to |
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assign the inmate a risk level of low, medium, or high. |
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(c) The department shall conduct the risk assessment |
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required by this section in addition to any other risk assessment |
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the department is required to conduct. |
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SECTION 17. Chapter 493, Government Code, is amended by |
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adding Section 493.026 to read as follows: |
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Sec. 493.026. CERTAIN INTERAGENCY COMMUNICATIONS |
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PROHIBITED. The department, regardless of available capacity in |
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the program, may not prohibit a parole panel from, or request a |
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parole panel to refrain from, requiring an inmate to participate in |
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and complete a treatment program operated by the department before |
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the inmate is released on parole. |
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SECTION 18. Chapter 493, Government Code, is amended by |
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adding Section 493.027 to read as follows: |
|
Sec. 493.027. MANAGEMENT-EMPLOYEE MEETINGS. (a) The |
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director of the department may meet regularly with representatives |
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of an eligible state employee organization, as certified by the |
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comptroller under Section 403.0165, that represents department |
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employees in disciplinary or grievance matters to identify: |
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(1) department policies or practices that impair the |
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efficient, safe, and effective operation of department facilities; |
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and |
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(2) issues that could lead to unnecessary conflicts |
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between the department and department employees and that could |
|
undermine retention and recruitment of those employees. |
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(b) The director annually shall submit a report to the |
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Criminal Justice Legislative Oversight Committee on the outcome of |
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any meetings held under this section. The report must: |
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(1) be signed by the director and each representative |
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of an employee organization described by Subsection (a) that |
|
participates in the meetings; and |
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(2) include a statement from each party regarding the |
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impact of the meetings on the recruitment and retention of |
|
department employees and on employee morale. |
|
SECTION 19. Section 494.008, Government Code, is amended by |
|
amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) The department may allow employees who are granted law |
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enforcement authority under this section to assist municipal, |
|
county, state, or federal law enforcement [peace] officers [in any
|
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county of the state] if: |
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(1) the assistance is requested for an emergency |
|
situation that presents an immediate or potential threat to public |
|
safety if assistance is not received, including [the purpose of] |
|
apprehending an escapee of a municipal or county jail or privately |
|
operated or federal correctional facility; and |
|
(2) [if] the department determines that the assistance |
|
will not jeopardize the safety and security of the department and |
|
its personnel. |
|
(b-1) An employee who assists under Subsection (b) a law |
|
enforcement [peace] officer in the performance of the officer's |
|
duties has the same powers and duties as the officer requesting |
|
assistance. |
|
SECTION 20. Subchapter B, Chapter 495, Government Code, is |
|
amended by adding Sections 495.025 and 495.026 to read as follows: |
|
Sec. 495.025. CERTAIN COMMISSARY CONTRACTS; TASTE TESTS. |
|
(a) For the purchase of commissary food goods, the department may |
|
conduct a taste test as consideration for a bid award only if, to |
|
conduct the test, the department contracts with a private marketing |
|
vendor, a university, or another independent organization that is |
|
experienced in food product evaluation and taste tests. |
|
(b) In awarding a bid for commissary food goods for which a |
|
taste test is conducted, the department may use the taste test |
|
results as not more than 30 percent of the criteria used for the bid |
|
award. |
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(c) A contract into which the department enters under |
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Subsection (a) must require the vendor, university, or other |
|
organization, at the expense of the vendor, university, or |
|
organization, to annually re-conduct the taste test to ensure that |
|
the product meets the original specifications of the request for |
|
proposal that resulted in the department entering a contract for |
|
the tested product. |
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Sec. 495.026. PRODUCT BUNDLING, BULK PURCHASING, AND VENDOR |
|
DISCOUNTS. The department may provide for the practice of bundling |
|
products into categories to ensure savings through bulk purchasing, |
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discounts for advance invoice payments, and online ordering. |
|
SECTION 21. Subsections (b) and (c), Section 497.006, |
|
Government Code, are amended to read as follows: |
|
(b) With the approval of the board, the office may enter |
|
into a contract with a private business to conduct a program on or |
|
off property operated by the department. Except as provided by |
|
Subsection (c), a contract entered into under this section must |
|
comply with all requirements of the Private Sector/Prison Industry |
|
Enhancement Certification Program operated by the Bureau of Justice |
|
Assistance and authorized by 18 U.S.C. Section 1761. In |
|
determining under Section 497.062 the number of participants |
|
participating in private sector prison industries programs, the |
|
department shall count the number of work program participants |
|
participating in a program under a contract entered into under this |
|
section. Not more than 700 [500] work program participants may |
|
participate in programs under contracts entered into under this |
|
subsection. |
|
(c) A contract for the provision of services under this |
|
section must: |
|
(1) be certified by the Private Sector Prison |
|
Industries Oversight Authority as complying with all requirements |
|
of the Private Sector/Prison Industry Enhancement Certification |
|
Program operated by the Bureau of Justice Assistance and authorized |
|
by 18 U.S.C. Section 1761, other than a requirement relating to the |
|
payment of prevailing wages, so long as the contract requires |
|
payment of not less than the federal minimum wage; |
|
(2) be certified by the authority, under rules adopted |
|
under Section 497.059, that the contract would not cause the loss of |
|
existing jobs of a specific type provided by the contracting party |
|
in this state; and |
|
(3) be approved by the board. |
|
SECTION 22. Subchapter D, Chapter 499, Government Code, is |
|
amended by adding Section 499.072 to read as follows: |
|
Sec. 499.072. LOCATION OF CENTRAL PRISON UNIT. (a) The |
|
department shall conduct a feasibility study of relocating the |
|
Central Prison Unit and the adjoining prison housing units from |
|
their current location in Sugar Land, Texas, to a location that more |
|
appropriately addresses the needs of the correctional system. |
|
(b) If relocation is determined to be in the best interest |
|
of the correctional system and the City of Sugar Land, during the |
|
course of the study the department shall examine: |
|
(1) the costs and benefits of relocating the Central |
|
Prison Unit and the adjoining prison housing units; |
|
(2) appropriate measures to ensure that adequate |
|
easements are granted to allow development of surrounding property; |
|
and |
|
(3) an anticipated timeline for the relocation. |
|
SECTION 23. Subchapter A, Chapter 501, Government Code, is |
|
amended by adding Section 501.011 to read as follows: |
|
Sec. 501.011. ZERO-TOLERANCE POLICY. (a) The department |
|
shall adopt a zero-tolerance policy concerning the detection, |
|
prevention, and punishment of the sexual abuse, including |
|
consensual sexual contact, of inmates in the custody of the |
|
department. |
|
(b) The department shall establish standards for reporting |
|
and collecting data on the sexual abuse of inmates in the custody of |
|
the department. |
|
(c) The department shall establish a procedure for inmates |
|
in the custody of the department and department employees to report |
|
incidents of sexual abuse involving an inmate in the custody of the |
|
department. The procedure must designate a person employed at the |
|
department facility in which the abuse is alleged to have occurred |
|
as well as a person who is employed at the department's headquarters |
|
to whom a person may report an incident of sexual abuse. |
|
(d) The department shall prominently display the following |
|
notice in the office of the chief administrator of each department |
|
facility, the employees' break room of each department facility, |
|
the cafeteria of each department facility, and at least six |
|
additional locations in each department facility: |
|
THE TEXAS LEGISLATURE HAS ADOPTED A ZERO-TOLERANCE POLICY |
|
REGARDING THE SEXUAL ABUSE, INCLUDING CONSENSUAL SEXUAL CONTACT, OF |
|
AN INMATE IN THE CUSTODY OF THE DEPARTMENT. ANY SUCH VIOLATION MUST |
|
BE REPORTED TO __________. |
|
SECTION 24. Subchapter B, Chapter 501, Government Code, is |
|
amended by adding Sections 501.059 and 501.064 to read as follows: |
|
Sec. 501.059. SCREENING FOR AND EDUCATION CONCERNING FETAL |
|
ALCOHOL EXPOSURE DURING PREGNANCY. (a) The department shall |
|
establish a screening program to identify female inmates who are: |
|
(1) between the ages of 18 and 44; |
|
(2) sentenced to a term of confinement not to exceed |
|
two years; and |
|
(3) at risk for having a pregnancy with |
|
alcohol-related complications, including giving birth to a child |
|
with alcohol-related birth defects. |
|
(b) The screening program established under Subsection (a) |
|
must: |
|
(1) evaluate the family planning practices of each |
|
female inmate described by Subsection (a) in relation to the |
|
inmate's consumption of alcohol and risk of having a pregnancy with |
|
alcohol-related complications; |
|
(2) include an objective screening tool to be used by |
|
department employees administering the screening program; and |
|
(3) occur during the diagnostic process or at another |
|
time determined by the department. |
|
(c) The department shall provide: |
|
(1) a brief substance abuse intervention to all female |
|
inmates identified by the screening program as being at risk for |
|
having a pregnancy with alcohol-related complications; and |
|
(2) an educational brochure describing the risks and |
|
dangers of consuming alcohol during pregnancy to all female |
|
inmates. |
|
Sec. 501.064. AVAILABILITY OF CORRECTIONAL HEALTH CARE |
|
INFORMATION TO INMATES. The department shall ensure that the |
|
following information is available to any inmate confined in a |
|
facility operated by or under contract with the department: |
|
(1) a description of the level, type, and variety of |
|
health care services available to inmates; |
|
(2) the formulary used by correctional health care |
|
personnel in prescribing medication to inmates; |
|
(3) correctional managed care policies and |
|
procedures; and |
|
(4) the process for the filing of inmate grievances |
|
concerning health care services provided to inmates. |
|
SECTION 25. Section 501.132, Government Code, is amended to |
|
read as follows: |
|
Sec. 501.132. APPLICATION OF SUNSET ACT. The Correctional |
|
Managed Health Care Committee is subject to review under Chapter |
|
325 (Texas Sunset Act) regarding the committee's role and |
|
responsibilities. The committee shall be reviewed during the |
|
period in which the Texas Department of Criminal Justice is |
|
reviewed [Unless continued in existence as provided by that
|
|
chapter, the committee is abolished and this subchapter expires
|
|
September 1, 2007]. |
|
SECTION 26. Subchapter E, Chapter 501, Government Code, is |
|
amended by adding Section 501.1325 to read as follows: |
|
Sec. 501.1325. COMPLIANCE WITH SUNSET RECOMMENDATIONS. |
|
(a) The committee, The University of Texas Medical Branch at |
|
Galveston, and the Texas Tech University Health Sciences Center |
|
shall: |
|
(1) comply with and implement the management action |
|
recommendations regarding the committee, The University of Texas |
|
Medical Branch at Galveston, and the Texas Tech University Health |
|
Sciences Center adopted by the Sunset Advisory Commission on |
|
January 10, 2007, as a result of its review of the committee; and |
|
(2) report to the Sunset Advisory Commission not later |
|
than November 1, 2008, the information the Sunset Advisory |
|
Commission requires regarding the committee and the health care |
|
providers' implementation of the recommendations under Subdivision |
|
(1). |
|
(b) This section expires June 1, 2009. |
|
SECTION 27. Section 501.137, Government Code, is amended to |
|
read as follows: |
|
Sec. 501.137. PRESIDING OFFICER. The governor shall |
|
designate a public [physician] member of the committee who is |
|
licensed to practice medicine in this state as presiding officer. |
|
The presiding officer serves in that capacity at the will of the |
|
governor. |
|
SECTION 28. Subsection (a), Section 501.148, Government |
|
Code, is amended to read as follows: |
|
(a) The committee shall: |
|
(1) develop statewide policies for the delivery of |
|
correctional health care; |
|
(2) maintain [the] contracts for health care services |
|
in consultation with the department and the health care providers; |
|
(3) communicate with the department and the |
|
legislature regarding the financial needs of the correctional |
|
health care system; |
|
(4) allocate funding made available through |
|
legislative appropriations for correctional health care; |
|
(5) monitor the expenditures of The University of |
|
Texas Medical Branch at Galveston and the Texas Tech University |
|
Health Sciences Center to ensure that those expenditures comply |
|
with applicable statutory and contractual requirements; |
|
(6) serve as a dispute resolution forum |
|
[(2)
determine a capitation rate reflecting the true cost of
|
|
correctional health care, including necessary catastrophic
|
|
reserves;
|
|
[(3)
monitor and develop reports on general quality of
|
|
care issues;
|
|
[(4)
act as an independent third party in the
|
|
allocation of money to inmate health care providers, including the
|
|
allocation of money between The University of Texas Medical Branch
|
|
at Galveston and the Texas Tech University Health Sciences Center;
|
|
[(5)
act as an independent third party for the purpose
|
|
of dispute resolution] in the event of a disagreement relating to |
|
inmate health care services between: |
|
(A) the department and the health care providers; |
|
or |
|
(B) The University of Texas Medical Branch at |
|
Galveston and the Texas Tech University Health Sciences Center; |
|
(7) address problems found through monitoring |
|
activities by the department and health care providers [and
|
|
[(6) enforce compliance with contract provisions], |
|
including requiring corrective action if care does not meet |
|
expectations as determined by those [quality of care] monitoring |
|
activities; |
|
(8) identify and address long-term needs of the |
|
correctional health care system; and |
|
(9) report to the Texas Board of Criminal Justice at |
|
the board's regularly scheduled meeting each quarter on the |
|
committee's policy decisions, the financial status of the |
|
correctional health care system, and corrective actions taken by or |
|
required of the department or the health care providers. |
|
SECTION 29. Section 501.150, Government Code, is amended to |
|
read as follows: |
|
Sec. 501.150. QUALITY OF CARE MONITORING BY THE DEPARTMENT |
|
AND HEALTH CARE PROVIDERS. (a) The committee shall establish a |
|
procedure for monitoring the quality of care delivered by the |
|
health care providers. Under the procedure, the department shall |
|
monitor the quality of care delivered by the health care providers, |
|
including [department's monitoring activities must be limited to] |
|
investigating medical grievances, ensuring access to medical care, |
|
and conducting periodic operational reviews of medical care |
|
provided at its units. |
|
(b) The department and the medical care providers shall |
|
cooperate in monitoring quality of care. The clinical and |
|
professional resources of the health care providers shall be used |
|
to the greatest extent feasible for clinical oversight of quality |
|
of care issues. The department may require the health care |
|
providers to take corrective action if the care provided does not |
|
meet expectations as determined by quality of care monitoring. |
|
(c) The department and the medical care providers shall |
|
communicate the results of their monitoring activities, including a |
|
list of and the status of any corrective actions required of the |
|
health care providers, to the committee and to the Texas Board of |
|
Criminal Justice. |
|
SECTION 30. Subsections (a) and (b), Section 501.151, |
|
Government Code, are amended to read as follows: |
|
(a) The committee shall maintain a file on each written |
|
complaint filed with the committee by a member of the general |
|
public. The file must include: |
|
(1) the name of the person who filed the complaint; |
|
(2) the date the complaint is received by the |
|
committee; |
|
(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 committee closed the file without taking action other than to |
|
investigate the complaint. |
|
(b) The committee shall make information available |
|
describing its procedures for [provide to the person filing the
|
|
complaint and to each person who is a subject of the complaint a
|
|
copy of the committee's policies and procedures relating to] |
|
complaint investigation and resolution. |
|
SECTION 31. Subchapter E, Chapter 501, Government Code, is |
|
amended by adding Sections 501.153, 501.154, and 501.155 to read as |
|
follows: |
|
Sec. 501.153. ALTERNATIVE DISPUTE RESOLUTION. (a) The |
|
committee shall develop and implement a policy to encourage the use |
|
of appropriate alternative dispute resolution procedures under |
|
Chapter 2009 to assist in the resolution of internal and external |
|
disputes under the committee's jurisdiction. |
|
(b) The committee's procedures relating to alternative |
|
dispute resolution must conform, to the extent possible, to any |
|
model guidelines issued by the State Office of Administrative |
|
Hearings for the use of alternative dispute resolution by state |
|
agencies. |
|
(c) The committee shall designate a trained person to: |
|
(1) coordinate the implementation of the policy |
|
adopted under Subsection (a); |
|
(2) serve as a resource for any training needed to |
|
implement the procedures for alternative dispute resolution; and |
|
(3) collect data concerning the effectiveness of those |
|
procedures, as implemented by the committee. |
|
Sec. 501.154. USE OF TECHNOLOGY. The committee shall |
|
implement a policy requiring the committee to use appropriate |
|
technological solutions to improve the committee's ability to |
|
perform its functions. The policy must ensure that the public is |
|
able to interact with the committee on the Internet. |
|
Sec. 501.155. AVAILABILITY OF CORRECTIONAL HEALTH CARE |
|
INFORMATION TO THE PUBLIC. (a) The committee shall ensure that |
|
the following information is available to the public: |
|
(1) contracts between the department, the committee, |
|
and health care providers, and other information concerning the |
|
contracts, including a description of the level, type, and variety |
|
of health care services available to inmates; |
|
(2) the formulary used by correctional health care |
|
personnel in prescribing medication to inmates; |
|
(3) correctional managed care policies and |
|
procedures; |
|
(4) quality assurance statistics and data, to the |
|
extent permitted by law; |
|
(5) general information concerning the costs |
|
associated with correctional health care, including at a minimum: |
|
(A) quarterly and monthly financial reports; and |
|
(B) aggregate cost information for: |
|
(i) salaries and benefits; |
|
(ii) equipment and supplies; |
|
(iii) pharmaceuticals; |
|
(iv) offsite medical services; and |
|
(v) any other costs to the correctional |
|
health care system; |
|
(6) aggregate statistical information concerning |
|
inmate deaths and the prevalence of disease among inmates; |
|
(7) the process for the filing of inmate grievances |
|
concerning health care services provided to inmates; |
|
(8) general statistics on the number and types of |
|
inmate grievances concerning health care services provided to |
|
inmates filed during the preceding quarter; |
|
(9) contact information for a member of the public to |
|
submit an inquiry to or file a complaint with the department or a |
|
health care provider; |
|
(10) information concerning the regulation and |
|
discipline of health care professionals, including contact |
|
information for the Health Professions Council and a link to the |
|
council's website; |
|
(11) unit data regarding health care services, |
|
including hours of operation, available services, general |
|
information on health care staffing at the unit, statistics on an |
|
inmate's ability to access care at the unit in a timely manner, and, |
|
if the unit is accredited by a national accrediting body, the most |
|
recent accreditation review date; and |
|
(12) dates and agendas for quarterly committee |
|
meetings and the minutes from previous committee meetings. |
|
(b) The committee shall make the information described by |
|
Subsection (a) available on the committee's website and, on |
|
request, in writing. The committee shall cooperate with the |
|
department and the health care providers to ensure that the |
|
committee's website: |
|
(1) is linked to the websites of the department and the |
|
health care providers; |
|
(2) is accessible through the State of Texas website; |
|
and |
|
(3) can be located through common search engines. |
|
(c) In determining the specific information to be made |
|
available under this section, the committee shall cooperate with |
|
the department to ensure that public disclosure of the information |
|
would not pose a security threat to any individual or to the |
|
criminal justice system. |
|
SECTION 32. Subchapter B, Chapter 507, Government Code, is |
|
amended by adding Section 507.028 to read as follows: |
|
Sec. 507.028. SCREENING FOR AND EDUCATION CONCERNING FETAL |
|
ALCOHOL EXPOSURE DURING PREGNANCY. (a) The department shall |
|
establish and use a screening program in state jail felony |
|
facilities that is substantially similar to the program established |
|
and used by the department under Section 501.059. |
|
(b) The department shall provide to all female defendants |
|
confined in state jail felony facilities an educational brochure |
|
describing the risks and dangers of consuming alcohol during |
|
pregnancy. |
|
SECTION 33. Section 508.033, Government Code, is amended by |
|
amending Subsections (a) through (d) and adding Subsection (f) to |
|
read as follows: |
|
(a) A person is not eligible for appointment as a member of |
|
the board or for employment as a parole commissioner 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 |
|
department or the board; |
|
(2) owns or controls, directly or indirectly, more |
|
than a 10-percent interest in a business entity or other |
|
organization: |
|
(A) regulated by the department; or |
|
(B) receiving funds from the department or the |
|
board; or |
|
(3) uses or receives a substantial amount of tangible |
|
goods, services, or funds from the department or the board, other |
|
than compensation or reimbursement authorized by law for board |
|
membership, attendance, or expenses. |
|
(b) In determining eligibility under Subsection (a)(3), the |
|
compensation or reimbursement that a board member's spouse or |
|
parole commissioner's spouse receives as an employee of the board |
|
or the department may not be considered. This subsection does not |
|
affect any restriction on employment or board membership imposed by |
|
any other law. |
|
(c) A person may not serve as a parole commissioner, may not |
|
be a member of the board, and may not be an employee of the division |
|
or the board employed in a "bona fide executive, administrative, or |
|
professional capacity," as that phrase is used for purposes of |
|
establishing an exemption to the overtime provisions of the federal |
|
Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) and |
|
its subsequent amendments, if: |
|
(1) the person is an officer, employee, or paid |
|
consultant of a Texas trade association in the field of criminal |
|
justice; or |
|
(2) the person's spouse is an officer, manager, or paid |
|
consultant of a Texas trade association in the field of criminal |
|
justice. |
|
(d) A person who is required to register as a lobbyist under |
|
Chapter 305 because of the person's activities for compensation in |
|
or on behalf of a profession related to the operation of the board |
|
may not: |
|
(1) serve as a member of the board or as a parole |
|
commissioner; or |
|
(2) act as the general counsel to the board or |
|
division. |
|
(f) A person who is a current or former employee of the |
|
department may not serve as a parole commissioner before the second |
|
anniversary of the date the person's employment with the department |
|
ceases, and a member of the board may not serve as a parole |
|
commissioner before the second anniversary of the date the person's |
|
membership on the board ceases. |
|
SECTION 34. Subsection (b), Section 508.036, Government |
|
Code, is amended to read as follows: |
|
(b) The board shall: |
|
(1) adopt rules relating to the decision-making |
|
processes used by the board and parole panels; |
|
(2) prepare information of public interest describing |
|
the functions of the board and make the information available to the |
|
public and appropriate state agencies; |
|
(3) comply with federal and state laws related to |
|
program and facility accessibility; [and] |
|
(4) prepare annually a complete and detailed written |
|
report that meets the reporting requirements applicable to |
|
financial reporting provided in the General Appropriations Act and |
|
accounts for all funds received and disbursed by the board during |
|
the preceding fiscal year; and |
|
(5) develop and implement policies that provide the |
|
public with a reasonable opportunity to appear before the board and |
|
to speak on any issue under the jurisdiction of the board, with the |
|
exception of an individual parole determination or clemency |
|
recommendation. |
|
SECTION 35. Section 508.036, Government Code, is amended by |
|
adding Subsection (e) to read as follows: |
|
(e) The board, in accordance with the rules and procedures |
|
of the Legislative Budget Board, shall prepare, approve, and submit |
|
a legislative appropriations request that is separate from the |
|
legislative appropriations request for the department and is used |
|
to develop the board's budget structure. The board shall maintain |
|
the board's legislative appropriations request and budget |
|
structure separately from those of the department. |
|
SECTION 36. Subchapter B, Chapter 508, Government Code, is |
|
amended by adding Sections 508.053, 508.054, and 508.055 to read as |
|
follows: |
|
Sec. 508.053. USE OF TECHNOLOGY. The board shall implement |
|
a policy requiring the board to use appropriate technological |
|
solutions to improve the board's ability to perform its functions. |
|
The policy must ensure that the public is able to interact with the |
|
board on the Internet. |
|
Sec. 508.054. RECORDS OF COMPLAINTS. (a) The board shall |
|
maintain a system to promptly and efficiently act on complaints |
|
filed with the board. The board shall maintain information about |
|
parties to the complaint, the subject matter of the complaint, a |
|
summary of the results of the review or investigation of the |
|
complaint, and its disposition. |
|
(b) The board shall make information available describing |
|
its procedures for complaint investigation and resolution. |
|
(c) The board shall periodically notify the complaint |
|
parties of the status of the complaint until final disposition. |
|
(d) This section does not apply to a complaint about an |
|
individual parole determination or clemency recommendation. |
|
Sec. 508.055. NEGOTIATED RULEMAKING AND ALTERNATIVE |
|
DISPUTE RESOLUTION. (a) The board shall develop and implement a |
|
policy to encourage the use of: |
|
(1) negotiated rulemaking procedures under Chapter |
|
2008 for the adoption of board rules; and |
|
(2) appropriate alternative dispute resolution |
|
procedures under Chapter 2009 to assist in the resolution of |
|
internal disputes under the board's jurisdiction. |
|
(b) The board's procedures relating to alternative dispute |
|
resolution must conform, to the extent possible, to any model |
|
guidelines issued by the State Office of Administrative Hearings |
|
for the use of alternative dispute resolution by state agencies. |
|
(c) The board shall designate a trained person to: |
|
(1) coordinate the implementation of the policy |
|
adopted under Subsection (a); |
|
(2) serve as a resource for any training needed to |
|
implement the procedures for negotiated rulemaking or alternative |
|
dispute resolution; and |
|
(3) collect data concerning the effectiveness of those |
|
procedures, as implemented by the board. |
|
SECTION 37. Subchapter D, Chapter 508, Government Code, is |
|
amended by adding Section 508.1131 to read as follows: |
|
Sec. 508.1131. SALARY CAREER LADDER FOR PAROLE OFFICERS. |
|
(a) The executive director shall adopt a salary career ladder for |
|
parole officers. The salary career ladder must base a parole |
|
officer's salary on the officer's classification and years of |
|
service with the department. |
|
(b) For purposes of the salary schedule, the department |
|
shall classify all parole officer positions as Parole Officer I, |
|
Parole Officer II, Parole Officer III, Parole Officer IV, or Parole |
|
Officer V. |
|
(c) Under the salary career ladder adopted under Subsection |
|
(a), a parole officer to whom the schedule applies and who received |
|
an overall evaluation of at least satisfactory in the officer's |
|
most recent annual evaluation is entitled to an annual salary |
|
increase, during each of the officer's first 10 years of service in |
|
a designated parole officer classification as described by |
|
Subsection (b), equal to one-tenth of the difference between: |
|
(1) the officer's current annual salary; and |
|
(2) the minimum annual salary of a parole officer in |
|
the next highest classification. |
|
SECTION 38. Subdivision (1), Subsection (g), Section |
|
508.117, Government Code, is amended to read as follows: |
|
(1) "Close relative of a deceased victim" means a |
|
person who was: |
|
(A) the spouse of the victim at the time of the |
|
victim's death; |
|
(B) a parent of the deceased victim; [or] |
|
(C) an adult brother, sister, or child of the |
|
deceased victim; or |
|
(D) the nearest relative of the deceased victim |
|
by consanguinity, if the persons described by Paragraphs (A) |
|
through (C) are deceased or are incapacitated due to physical or |
|
mental illness or infirmity. |
|
SECTION 39. Section 508.144, Government Code, is amended by |
|
amending Subsections (a) and (b) and adding Subsections (d), (e), |
|
and (f) to read as follows: |
|
(a) The board shall: |
|
(1) develop according to an acceptable research method |
|
the parole guidelines that are the basic criteria on which a parole |
|
decision is made; |
|
(2) base the guidelines on the seriousness of the |
|
offense and the likelihood of a favorable parole outcome; |
|
(3) ensure that the guidelines require consideration |
|
of an inmate's progress in any programs in which the inmate |
|
participated during the inmate's term of confinement; and |
|
(4) implement the guidelines[; and
|
|
[(4) review the guidelines periodically]. |
|
(b) If a board member or parole commissioner deviates from |
|
the parole guidelines in voting on a parole decision, the member or |
|
parole commissioner shall: |
|
(1) produce a [brief] written statement describing in |
|
detail the specific circumstances regarding the departure from the |
|
guidelines; [and] |
|
(2) place a copy of the statement in the file of the |
|
inmate for whom the parole decision was made; and |
|
(3) provide a copy of the statement to the inmate. |
|
(d) The board shall meet annually to review and discuss the |
|
parole guidelines developed under Subsection (a). The board may |
|
consult outside experts to assist with the review. The board must |
|
consider: |
|
(1) how the parole guidelines serve the needs of |
|
parole decision-making; |
|
(2) how well the parole guidelines reflect parole |
|
panel decisions; and |
|
(3) how well parole guidelines predict successful |
|
parole outcomes. |
|
(e) Based on the board's review of the parole guidelines |
|
under Subsection (d), the board may: |
|
(1) update the guidelines by: |
|
(A) including new risk factors; or |
|
(B) changing the values of offense severity or |
|
risk factor scores; or |
|
(2) modify the recommended parole approval rates under |
|
the guidelines, if parole approval rates differ significantly from |
|
the recommended rates. |
|
(f) The board is not required to hold an open meeting to |
|
review the guidelines as required by Subsection (d), but any |
|
modifications or updates to the guidelines made by the board under |
|
Subsection (e) must occur in an open meeting. |
|
SECTION 40. Subchapter E, Chapter 508, Government Code, is |
|
amended by adding Section 508.1445 to read as follows: |
|
Sec. 508.1445. ANNUAL REPORT ON GUIDELINES REQUIRED. |
|
(a) The board annually shall submit a report to the Criminal |
|
Justice Legislative Oversight Committee, the lieutenant governor, |
|
the speaker of the house of representatives, and the presiding |
|
officers of the standing committees in the senate and house of |
|
representatives primarily responsible for criminal justice |
|
regarding the board's application of the parole guidelines adopted |
|
under Section 508.144. |
|
(b) The report must include: |
|
(1) a brief explanation of the parole guidelines, |
|
including how the board: |
|
(A) defines the risk factors and offense severity |
|
levels; and |
|
(B) determines the recommended parole approval |
|
rates for each guideline score; |
|
(2) a comparison of the recommended approval rates |
|
under the parole guidelines to the actual approval rates for |
|
individual parole panel members, regional offices, and the state as |
|
a whole; and |
|
(3) a description of instances in which the actual |
|
parole approval rates do not meet the recommended approval rates |
|
under the parole guidelines, an explanation of the variations, and |
|
a list of actions that the board has taken or will take to meet the |
|
guidelines. |
|
SECTION 41. Subsection (c), Section 508.155, Government |
|
Code, is amended to read as follows: |
|
(c) The division may allow a releasee to serve the remainder |
|
of the releasee's sentence without supervision and without being |
|
required to report if a parole supervisor at the regional level has |
|
approved the releasee's early release from supervision under |
|
Section 508.1555[:
|
|
[(1)
the releasee has been under supervision for at
|
|
least one-half of the time that remained on the releasee's sentence
|
|
when the releasee was released from imprisonment;
|
|
[(2)
during the period of supervision the releasee's
|
|
parole or release to mandatory supervision has not been revoked;
|
|
and
|
|
[(3) the division determines:
|
|
[(A)
that the releasee has made a good faith
|
|
effort to comply with any restitution order imposed on the releasee
|
|
by a court; and
|
|
[(B)
that allowing the releasee to serve the
|
|
remainder of the releasee's sentence without supervision and
|
|
reporting is in the best interest of society]. |
|
SECTION 42. Subchapter E, Chapter 508, Government Code, is |
|
amended by adding Section 508.1555 to read as follows: |
|
Sec. 508.1555. PROCEDURE FOR THE EARLY RELEASE FROM |
|
SUPERVISION OF CERTAIN RELEASEES. (a) A parole officer annually |
|
shall identify the releasees under the parole officer's supervision |
|
who are eligible for early release from supervision under Section |
|
508.155(c). A releasee is eligible for early release if: |
|
(1) the releasee has been under supervision for at |
|
least one-half of the time that remained on the releasee's sentence |
|
when the releasee was released from imprisonment; |
|
(2) during the preceding two-year period, the releasee |
|
has not committed any violation of the rules or conditions of |
|
release; |
|
(3) during the period of supervision the releasee's |
|
parole or release to mandatory supervision has not been revoked; |
|
and |
|
(4) the division determines: |
|
(A) that the releasee has made a good faith |
|
effort to comply with any restitution order imposed on the releasee |
|
by a court; and |
|
(B) that allowing the releasee to serve the |
|
remainder of the releasee's sentence without supervision and |
|
reporting is in the best interest of society. |
|
(b) After identifying any releasees who are eligible for |
|
early release under Subsection (a), the parole officer shall review |
|
the eligible releasees, including any releasees the parole officer |
|
has previously declined to recommend for early release, to |
|
determine if a recommendation for early release from supervision is |
|
appropriate. In conducting the review and determining |
|
recommendations, the parole officer shall consider whether the |
|
releasee: |
|
(1) has a low risk of recidivism as determined by an |
|
assessment developed by the department; and |
|
(2) has made a good faith effort to comply with the |
|
conditions of release. |
|
(c) A parole officer shall forward to the parole supervisor |
|
at the regional level any recommendations for early release the |
|
parole officer makes under Subsection (b). If the parole |
|
supervisor approves the recommendation, the division shall allow a |
|
releasee to serve the remainder of the releasee's sentence without |
|
supervision and without being required to report as authorized by |
|
Section 508.155. |
|
SECTION 43. Subchapter B, Chapter 659, Government Code, is |
|
amended by adding Section 659.0155 to read as follows: |
|
Sec. 659.0155. PAYMENT TO EMPLOYEES OF TEXAS DEPARTMENT OF |
|
CRIMINAL JUSTICE FOR OVERTIME. The Texas Department of Criminal |
|
Justice shall compensate a person employed by the department for |
|
any overtime accrued by the employee for which the employee is |
|
entitled to compensation under Section 659.015 in the same month |
|
the department compensates employees at the regular rate of pay for |
|
the period in which the employee accrued the overtime. |
|
SECTION 44. Subsection (a), Section 614.0032, Health and |
|
Safety Code, is amended to read as follows: |
|
(a) The office shall perform duties imposed on the office by |
|
Section 508.146, Government Code, and Section 15(i), Article 42.12, |
|
Code of Criminal Procedure. |
|
SECTION 45. Section 32.024, Human Resources Code, is |
|
amended by adding Subsection (dd) to read as follows: |
|
(dd) Nothwithstanding any other law, an inmate released on |
|
medically recommended intensive supervision under Section 508.146, |
|
Government Code, who otherwise meets the eligibility requirements |
|
for the medical assistance program is not ineligible for the |
|
program solely on the basis of the conviction or adjudication for |
|
which the inmate was sentenced to confinement. |
|
SECTION 46. Subchapter D, Chapter 110, Occupations Code, is |
|
amended by adding Section 110.164 to read as follows: |
|
Sec. 110.164. DYNAMIC RISK ASSESSMENT TOOL. (a) The |
|
council shall develop or adopt a dynamic risk assessment tool to be |
|
used in determining the likelihood that a person who is confined in |
|
a penal institution and will become subject to Chapter 62, Code of |
|
Criminal Procedure, on being released from the institution will |
|
commit an offense described by Article 62.001(5), Code of Criminal |
|
Procedure, after being released from the institution. |
|
(b) The dynamic risk assessment tool must enable the |
|
assignment to a person of a risk level of low, medium, or high. |
|
SECTION 47. Subsection (c), Section 110.302, Occupations |
|
Code, is amended to read as follows: |
|
(c) The [Texas Board of Criminal Justice or the] governing |
|
board of the Texas Youth Commission may vote to exempt employees of |
|
the [Texas Department of Criminal Justice or the] Texas Youth |
|
Commission[, as appropriate,] from a specific licensing |
|
requirement imposed under this section if the board determines that |
|
the requirement causes financial or operational hardship on the |
|
agency. The Texas Board of Criminal Justice may not exempt any |
|
employee of the Texas Department of Criminal Justice from a |
|
licensing requirement imposed by this section for any reason. |
|
SECTION 48. Subsection (a), Section 721.003, |
|
Transportation Code, is amended to read as follows: |
|
(a) The governing bodies of the following state agencies or |
|
divisions by rule may exempt from the requirements of Section |
|
721.002 a motor vehicle that is under the control and custody of the |
|
agency or division: |
|
(1) Texas Commission on Fire Protection; |
|
(2) Texas State Board of Pharmacy; |
|
(3) [Texas] Department of State Health Services and |
|
Department of Aging and Disability Services [Mental Health and
|
|
Mental Retardation]; |
|
(4) Department of Public Safety of the State of Texas; |
|
(5) [the institutional division or the pardons and
|
|
paroles division of the] Texas Department of Criminal Justice; |
|
(6) Board of Pardons and Paroles; |
|
(7) Parks and Wildlife Department; |
|
(8) Railroad Commission of Texas; |
|
(9) Texas Alcoholic Beverage Commission; |
|
(10) Texas Department of Banking; |
|
(11) [Savings and Loan] Department of Savings and |
|
Mortgage Lending; |
|
(12) Texas Juvenile Probation Commission; |
|
(13) Texas [Natural Resource Conservation] Commission |
|
on Environmental Quality; |
|
(14) Texas Youth Commission; |
|
(15) Texas Lottery Commission; |
|
(16) the office of the attorney general; |
|
(17) Texas Department of Insurance; and |
|
(18) an agency that receives an appropriation under an |
|
article of the General Appropriations Act that appropriates money |
|
to the legislature. |
|
SECTION 49. (a) The Texas Department of Criminal Justice |
|
shall study the operation and maintenance of different types of |
|
electronic monitoring equipment. The study conducted under this |
|
subsection must examine: |
|
(1) the relative cost-effectiveness of using various |
|
types of electronic monitoring equipment and funding proposals for |
|
costs to the department associated with the various types of |
|
equipment; |
|
(2) the relative level of supervision provided by |
|
different types of electronic monitoring equipment; and |
|
(3) the different rehabilitation and treatment |
|
options afforded by different types of electronic monitoring |
|
equipment. |
|
(b) Not later than December 1, 2009, the Texas Department of |
|
Criminal Justice shall submit a report summarizing the findings of |
|
the study conducted under Subsection (a) of this section to the |
|
governor, the lieutenant governor, the speaker of the house of |
|
representatives, and appropriate standing committees of the |
|
legislature. |
|
SECTION 50. (a) The Texas Department of Criminal Justice |
|
shall conduct a study regarding: |
|
(1) the number of inmates confined in facilities |
|
operated by or under contract with the department who pose no |
|
significant risk of recidivism or danger to society due to the: |
|
(A) inmate's age or health; |
|
(B) nature of the crime committed by the inmate; |
|
or |
|
(C) reasonably successful rehabilitation of the |
|
inmate while incarcerated; |
|
(2) alternatives to confining inmates described by |
|
Subdivision (1) of this subsection in a facility operated by or |
|
under contract with the department; |
|
(3) to the extent permitted by federal law, the |
|
possibility of conducting a prisoner exchange with the United |
|
Mexican States or another foreign country in which foreign |
|
nationals in the custody of the department are exchanged for United |
|
States citizens incarcerated in another country; and |
|
(4) measures that the department can take to assure |
|
that inmates sent to a foreign country under a prisoner exchange |
|
described by Subdivision (3) of this subsection will not be |
|
released early. |
|
(b) The Texas Department of Criminal Justice shall submit a |
|
report to the members of the 81st Legislature regarding the results |
|
of the study conducted under Subsection (a) of this section. |
|
SECTION 51. The change in law made by this Act to Subsection |
|
(a), Article 15.19, and Articles 15.20 and 15.21, Code of Criminal |
|
Procedure, apply only to a person who, on or after the effective |
|
date of this Act, is arrested under a warrant, regardless of the |
|
date on which the warrant under which the person is arrested was |
|
issued. |
|
SECTION 52. The change in law made by this Act to Subsection |
|
(a), Section 8, Article 42.09, Code of Criminal Procedure, applies |
|
only to a defendant transferred to the Texas Department of Criminal |
|
Justice on or after the effective date of this Act. A defendant |
|
transferred to the department before the effective date of this Act |
|
is covered by the law in effect when the defendant is transferred, |
|
and the former law is continued in effect for that purpose. |
|
SECTION 53. Subsection (b), Section 5, Article 42.12, Code |
|
of Criminal Procedure, as amended by this Act, applies to a hearing |
|
conducted under that section on or after the effective date of this |
|
Act, regardless of when the adjudication of guilt was originally |
|
deferred or when the offense giving rise to the grant of deferred |
|
adjudication community supervision was committed. |
|
SECTION 54. The change in law made by this Act in amending |
|
Subdivision (1), Subsection (a), Section 15, Article 42.12, Code of |
|
Criminal Procedure, applies only to a defendant placed on deferred |
|
adjudication community supervision for an offense committed on or |
|
after the effective date of this Act. A defendant placed on |
|
deferred adjudication for an offense committed before the effective |
|
date of this Act is covered by the law in effect when the offense was |
|
committed, and the former law is continued in effect for that |
|
purpose. For purposes of this section, an offense was committed |
|
before the effective date of this Act if any element of the offense |
|
was committed before that date. |
|
SECTION 55. (a) The speaker of the house of |
|
representatives and the lieutenant governor shall appoint members |
|
to the Criminal Justice Legislative Oversight Committee under |
|
Chapter 328, Government Code, as added by this Act, not later than |
|
January 1, 2008. |
|
(b) Notwithstanding Section 328.003, Government Code, as |
|
added by this Act, the speaker of the house of representatives, not |
|
later than January 15, 2008, shall appoint a presiding officer for |
|
the committee. The presiding officer appointed by the speaker of |
|
the house of representatives under this section serves a one-year |
|
term that begins on February 1, 2008, and ends on February 1, 2009. |
|
SECTION 55A. Section 493.0151, Government Code, as added by |
|
this Act, applies to an inmate discharged or released on parole or |
|
mandatory supervision from the Texas Department of Criminal Justice |
|
on or after the effective date of this Act, regardless of whether |
|
the offense for which the inmate is serving a sentence was committed |
|
before, on, or after the effective date of this Act. |
|
SECTION 56. Sections 495.025 and 495.026, Government Code, |
|
as added by this Act, apply only to a contract that the Texas |
|
Department of Criminal Justice enters into on or after the |
|
effective date of this Act. A contract that the department enters |
|
into before the effective date of this Act is governed by the law in |
|
effect at the time the contract is entered into, and that law is |
|
continued in effect for that purpose. |
|
SECTION 57. Not later than March 1, 2008, the Texas |
|
Department of Criminal Justice shall establish the screening |
|
programs concerning fetal alcohol exposure under Sections 501.059 |
|
and 507.028, Government Code, as added by this Act. Not later than |
|
September 1, 2008, the department shall begin screening all inmates |
|
or defendants confined in state jail felony facilities as required |
|
by those sections. |
|
SECTION 58. The Texas Department of Criminal Justice shall |
|
ensure that information is made available to inmates as required by |
|
Section 501.064, Government Code, as added by this Act, not later |
|
than March 1, 2008. |
|
SECTION 59. The Correctional Managed Health Care Committee |
|
shall ensure that information is made available to the public as |
|
required by Section 501.155, Government Code, as added by this Act, |
|
not later than January 1, 2008. |
|
SECTION 60. Section 508.033, Government Code, as amended by |
|
this Act, applies only to a person hired by the Board of Pardons and |
|
Paroles as a parole commissioner on or after the effective date of |
|
this Act. A person hired as a parole commissioner before the |
|
effective date of this Act is covered by the law in effect on the |
|
date the person was hired, and the former law is continued in effect |
|
for that purpose. |
|
SECTION 61. As soon as practicable after the effective date |
|
of this Act, but not later than the 30th day after that date, the |
|
executive director of the Texas Department of Criminal Justice |
|
shall adopt a salary career ladder for parole officers as required |
|
by Section 508.1131, Government Code, as added by this Act. |
|
Beginning the first day of the month following the date on which the |
|
executive director adopts the salary career ladder, each parole |
|
officer to whom the schedule applies and who received an overall |
|
evaluation of at least satisfactory in the officer's most recent |
|
annual evaluation is entitled to a salary in an amount that meets or |
|
exceeds the amount specified in the schedule for the officer's |
|
classification and years of service with the department. |
|
SECTION 62. Subsection (b), Section 508.144, Government |
|
Code, as amended by this Act, applies only to a parole decision made |
|
on or after the effective date of this Act. A parole decision made |
|
before the effective date of this Act is covered by the law in |
|
effect on the date the decision was made, and the former law is |
|
continued in effect for that purpose. |
|
SECTION 63. Not later than September 1, 2008, the Board of |
|
Pardons and Paroles shall hold its first annual meeting to review |
|
the parole guidelines as required by Subsection (d), Section |
|
508.144, Government Code, as added by this Act. |
|
SECTION 64. Not later than December 1, 2008, the Board of |
|
Pardons and Paroles shall submit its first annual report on the |
|
parole guidelines as required by Section 508.1445, Government Code, |
|
as added by this Act. |
|
SECTION 65. Subsection (c), Section 508.155, Government |
|
Code, as amended by this Act, applies to any person who is a |
|
releasee on or after the effective date of this Act and whose |
|
recommendation for release is approved under Section 508.1555, |
|
Government Code, as added by this Act, regardless of when the person |
|
was originally released to parole or mandatory supervision. |
|
SECTION 66. Not later than September 1, 2008, each parole |
|
officer shall complete the officer's first annual identification of |
|
releasees under the officer's supervision who are eligible for |
|
early release from supervision, as required by Section 508.1555, |
|
Government Code, as added by this Act. |
|
SECTION 67. If before implementing any provision of this |
|
Act a state agency determines that a waiver or authorization from a |
|
federal agency is necessary for the implementation of that |
|
provision, the agency affected by the provision shall request the |
|
waiver or authorization and may delay implementing that provision |
|
until the waiver or authorization is granted. |
|
SECTION 68. This Act takes effect immediately if it |
|
receives a vote of two-thirds of all the members elected to each |
|
house, as provided by Section 39, Article III, Texas Constitution. |
|
If this Act does not receive the vote necessary for immediate |
|
effect, this Act takes effect September 1, 2007. |
|
|
|
|
|
|
|
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 909 passed the Senate on |
|
April 26, 2007, by the following vote: Yeas 31, Nays 0; |
|
May 25, 2007, Senate refused to concur in House amendments and |
|
requested appointment of Conference Committee; May 26, 2007, House |
|
granted request of the Senate; May 27, 2007, Senate adopted |
|
Conference Committee Report by the following vote: Yeas 30, |
|
Nays 0. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 909 passed the House, with |
|
amendments, on May 23, 2007, by the following vote: Yeas 137, |
|
Nays 7, two present not voting; May 26, 2007, House granted request |
|
of the Senate for appointment of Conference Committee; |
|
May 28, 2007, House adopted Conference Committee Report by the |
|
following vote: Yeas 144, Nays 0, two present not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
|
|
|
______________________________ |
|
Date |
|
|
|
|
|
______________________________ |
|
Governor |