By:  Culburson                                        H.B. No. 2669
       72S40016 CLG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to requests for issuance of arrest warrants for inmates
    1-3  who fail to report to parole officers as required by the terms of
    1-4  the inmates' release on parole or to mandatory supervision.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 13(a), Article 42.18, Code of Criminal
    1-7  Procedure, is amended to read as follows:
    1-8        (a)(1)  A warrant for the return of a paroled prisoner, a
    1-9  prisoner released to mandatory supervision, a prisoner released
   1-10  although not eligible for release, a resident released to a
   1-11  preparole or work furlough program, a prisoner released on
   1-12  emergency reprieve or on furlough, or a person released on a
   1-13  conditional pardon to the institution from which he was paroled,
   1-14  released, or pardoned may be issued by the members of parole panels
   1-15  in cases of parole or mandatory supervision, or by the board on
   1-16  order by the governor in other cases, when there is reason to
   1-17  believe that he has been released although not eligible for
   1-18  release, committed an offense against the laws of this state or of
   1-19  the United States, violated a condition of his parole, mandatory
   1-20  supervision, or conditional pardon, or when the circumstances
   1-21  indicate that he poses a danger to society that warrants his
   1-22  immediate return to incarceration.   Such warrant shall authorize
   1-23  all officers named therein to take actual custody of the prisoner
   1-24  and detain and house the prisoner until the pardons and paroles
    2-1  division orders the return of the prisoner to the institution from
    2-2  which he was released.  Pending hearing, as hereinafter provided,
    2-3  upon any charge of parole violation, ineligible release, or
    2-4  violation of the conditions of mandatory supervision, a prisoner
    2-5  returned to custody shall remain incarcerated.  If a parole panel
    2-6  is otherwise authorized to issue a warrant under this subsection,
    2-7  the pardons and paroles division may instead issue to a prisoner a
    2-8  summons requiring the prisoner to appear for a hearing under
    2-9  Section 14 of this article.  The summons must state the time,
   2-10  place, date, and purpose of the hearing.
   2-11              (2)  If a prisoner who is required on release to report
   2-12  to a parole officer or halfway house by the pardons and paroles
   2-13  division fails to report, the parole officer charged with
   2-14  supervising the prisoner shall request a warrant not later than the
   2-15  fifth day after the date on which the prisoner was required to
   2-16  report.  If a prisoner who is under active supervision fails to
   2-17  report to a parole officer at the district parole office, halfway
   2-18  house, or other location as required by the terms of the prisoner's
   2-19  release on parole or to mandatory supervision, the parole officer
   2-20  charged with supervising the prisoner shall request a warrant not
   2-21  later than the 21st day after the date on which the prisoner was
   2-22  required to report.
   2-23        SECTION 2.  The importance of this legislation and the
   2-24  crowded condition of the calendars in both houses create an
   2-25  emergency and an imperative public necessity that the
   2-26  constitutional rule requiring bills to be read on three several
   2-27  days in each house be suspended, and this rule is hereby suspended,
    3-1  and that this Act take effect and be in force from and after its
    3-2  passage, and it is so enacted.