1-1 By: Parker S.B. No. 338
1-2 (In the Senate - Filed February 12, 1993; February 15, 1993,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 April 6, 1993, reported favorably, as amended, by the following
1-5 vote: Yeas 6, Nays 0; April 6, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Whitmire x
1-9 Brown x
1-10 Nelson x
1-11 Sibley x
1-12 Sims x
1-13 Turner x
1-14 West x
1-15 COMMITTEE AMENDMENT NO. 1 By: Brown
1-16 Amend Senate Bill 338 page 1, line 51, by changing the word
1-17 "shall" to "may".
1-18 A BILL TO BE ENTITLED
1-19 AN ACT
1-20 relating to requiring as a condition of parole or release to
1-21 mandatory supervision for certain releasees that the releasees
1-22 submit to treatment or counseling for substance abuse.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Subsection (g), Section 8, Article 42.18, Code of
1-25 Criminal Procedure, is amended to read as follows:
1-26 (g) The Texas Board of Criminal Justice may adopt such other
1-27 reasonable rules not inconsistent with law as it may deem proper or
1-28 necessary with respect to the eligibility of prisoners for parole
1-29 and mandatory supervision, the conduct of parole and mandatory
1-30 supervision hearings, or conditions to be imposed upon parolees and
1-31 persons released to mandatory supervision. Each person to be
1-32 released on parole shall be furnished a contract setting forth in
1-33 clear and intelligible language the conditions and rules of parole.
1-34 The parole panel may include as a condition of parole or mandatory
1-35 supervision any condition that a court may impose on a probationer
1-36 under Article 42.12 of this code, including the condition that the
1-37 person released submit to testing for controlled substances or
1-38 submit to electronic monitoring if the parole panel determines that
1-39 absent testing for controlled substances or participation in an
1-40 electronic monitoring program the person would not be released on
1-41 parole. Acceptance, signing, and execution of the contract by the
1-42 inmate to be paroled shall be a precondition to release on parole.
1-43 Persons released on mandatory supervision shall be furnished a
1-44 written statement setting forth in clear and intelligible language
1-45 the conditions and rules of mandatory supervision. The parole
1-46 panel may also require as a condition of parole or release to
1-47 mandatory supervision that the person make payments in satisfaction
1-48 of damages the person is liable for under Article 6184p, Revised
1-49 Statutes. The parole panel shall require as a condition of parole
1-50 or mandatory supervision that the person register under Article
1-51 6252-13c.1, Revised Statutes. The parole panel shall require as a
1-52 condition of parole or release to mandatory supervision that the
1-53 person attend counseling sessions for substance abusers or
1-54 participate in substance abuse treatment services in a program or
1-55 facility approved or licensed by the Texas Commission on Alcohol
1-56 and Drug Abuse if the person was sentenced for an offense involving
1-57 controlled substances or the panel determines that the defendant's
1-58 substance abuse was connected to the commission of the offense.
1-59 SECTION 2. This Act takes effect September 1, 1993.
1-60 SECTION 3. The importance of this legislation and the
1-61 crowded condition of the calendars in both houses create an
1-62 emergency and an imperative public necessity that the
1-63 constitutional rule requiring bills to be read on three several
1-64 days in each house be suspended, and this rule is hereby suspended.
1-65 * * * * *
1-66 Austin,
1-67 Texas
1-68 April 6, 1993
2-1 Hon. Bob Bullock
2-2 President of the Senate
2-3 Sir:
2-4 We, your Committee on Criminal Justice to which was referred S.B.
2-5 No. 338, have had the same under consideration, and I am instructed
2-6 to report it back to the Senate with the recommendation that it do
2-7 pass, as amended, and be printed.
2-8 Whitmire,
2-9 Chairman
2-10 * * * * *
2-11 WITNESSES
2-12 FOR AGAINST ON
2-13 ___________________________________________________________________
2-14 Name: Carl Reynolds x
2-15 Representing: Tx Pun Standards Commission
2-16 City: Austin
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2-18 Name: Knox Fitzpatrick x
2-19 Representing: Dallas DA's Office
2-20 City: Dallas
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