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A BILL TO BE ENTITLED
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AN ACT
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relating to the release of certain inmates on medically recommended |
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intensive supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 508.146, Government Code, is amended by |
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amending Subsections (a), (b), and (e) and adding Subsection (a-1) |
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to read as follows: |
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(a) An inmate other than an inmate who is serving a sentence |
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of death or life without parole may be released on medically |
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recommended intensive supervision on a date designated by a parole |
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panel described by Subsection (e), except that an inmate with an |
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instant offense that is an offense described in Article 42A.054, |
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Code of Criminal Procedure, or an inmate who has a reportable |
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conviction or adjudication under Chapter 62, Code of Criminal |
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Procedure, may only be considered if a medical condition of |
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terminal illness or long-term care has been diagnosed by a |
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physician, if: |
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(1) the Texas Correctional Office on Offenders with |
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Medical or Mental Impairments, in cooperation with the Correctional |
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Managed Health Care Committee, identifies the inmate as being: |
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(A) a person who is 65 years of age or older |
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[elderly] or terminally ill, a person with mental illness, an |
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intellectual disability, or a physical disability, or a person who |
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has a condition requiring long-term care, if the inmate is an inmate |
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with an instant offense that is described in Article 42A.054, Code |
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of Criminal Procedure; or |
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(B) in a persistent vegetative state or being a |
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person with an organic brain syndrome with significant to total |
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mobility impairment, if the inmate is an inmate who has a reportable |
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conviction or adjudication under Chapter 62, Code of Criminal |
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Procedure; |
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(2) the parole panel determines that, based on the |
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inmate's condition and a medical evaluation, the inmate does not |
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constitute a threat to public safety; and |
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(3) the Texas Correctional Office on Offenders with |
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Medical or Mental Impairments, in cooperation with the [pardons and |
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paroles] division, has prepared for the inmate a medically |
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recommended intensive supervision plan that requires the inmate to |
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submit to electronic monitoring, places the inmate on |
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super-intensive supervision, or otherwise ensures appropriate |
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supervision of the inmate. |
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(a-1) An inmate who is not under a sentence of death or life |
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without parole and who does not have a reportable conviction or |
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adjudication under Chapter 62, Code of Criminal Procedure, or an |
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instant offense described in Article 42A.054, Code of Criminal |
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Procedure, may be released on medically recommended intensive |
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supervision on a date designated by a parole panel described by |
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Subsection (e) if: |
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(1) the inmate is 65 years of age or older; and |
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(2) the parole panel determines that the inmate does |
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not constitute a threat to public safety. |
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(b) An inmate may be released on medically recommended |
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intensive supervision under Subsection (a) only if the inmate's |
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medically recommended intensive supervision plan under Subsection |
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(a)(3) is approved by the Texas Correctional Office on Offenders |
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with Medical or Mental Impairments. |
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(e) Only parole panels composed of the presiding officer of |
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the board and two members appointed to the panel by the presiding |
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officer may make determinations regarding the release of inmates on |
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medically recommended intensive supervision under Subsection (a) |
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or (a-1) or of inmates released pending deportation. If the Texas |
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Correctional Office [Council] on Offenders with Medical or Mental |
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Impairments identifies an inmate as a candidate for release under |
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the guidelines established by Subsection (a)(1), the office |
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[council] shall present to a parole panel described by this |
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subsection relevant information concerning the inmate and the |
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inmate's potential for release under this section. |
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SECTION 2. This Act takes effect September 1, 2023. |