By: Parker S.B. No. 338
73R1098 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring as a condition of parole or release to
1-3 mandatory supervision for certain releasees that the releasees
1-4 submit to treatment or counseling for substance abuse.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 8(g), Article 42.18, Code of Criminal
1-7 Procedure, is amended to read as follows:
1-8 (g) The Texas Board of Criminal Justice may adopt such other
1-9 reasonable rules not inconsistent with law as it may deem proper or
1-10 necessary with respect to the eligibility of prisoners for parole
1-11 and mandatory supervision, the conduct of parole and mandatory
1-12 supervision hearings, or conditions to be imposed upon parolees and
1-13 persons released to mandatory supervision. Each person to be
1-14 released on parole shall be furnished a contract setting forth in
1-15 clear and intelligible language the conditions and rules of parole.
1-16 The parole panel may include as a condition of parole or mandatory
1-17 supervision any condition that a court may impose on a probationer
1-18 under Article 42.12 of this code, including the condition that the
1-19 person released submit to testing for controlled substances or
1-20 submit to electronic monitoring if the parole panel determines that
1-21 absent testing for controlled substances or participation in an
1-22 electronic monitoring program the person would not be released on
1-23 parole. Acceptance, signing, and execution of the contract by the
1-24 inmate to be paroled shall be a precondition to release on parole.
2-1 Persons released on mandatory supervision shall be furnished a
2-2 written statement setting forth in clear and intelligible language
2-3 the conditions and rules of mandatory supervision. The parole
2-4 panel may also require as a condition of parole or release to
2-5 mandatory supervision that the person make payments in satisfaction
2-6 of damages the person is liable for under Article 6184p, Revised
2-7 Statutes. The parole panel shall require as a condition of parole
2-8 or mandatory supervision that the person register under Article
2-9 6252-13c.1, Revised Statutes. The parole panel shall require as a
2-10 condition of parole or release to mandatory supervision that the
2-11 person attend counseling sessions for substance abusers or
2-12 participate in substance abuse treatment services in a program or
2-13 facility approved or licensed by the Texas Commission on Alcohol
2-14 and Drug Abuse if the person was sentenced for an offense involving
2-15 controlled substances or the panel determines that the defendant's
2-16 substance abuse was connected to the commission of the offense.
2-17 SECTION 2. This Act takes effect September 1, 1993.
2-18 SECTION 3. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended.