By: Whitmire S.B. No. 724 A BILL TO BE ENTITLED AN ACT 1-1 relating to the county in which a defendant released on parole or 1-2 mandatory supervision must reside as a condition of release and to 1-3 a report by the Criminal Justice Policy Council on the number of 1-4 inmates released to each county. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Article 42.18, Code of Criminal Procedure, is 1-7 amended by adding Section 8A to read as follows: 1-8 Sec. 8A. (a) In addition to other conditions imposed by a 1-9 parole panel under this article, the panel shall require as a 1-10 condition of parole or release to mandatory supervision that the 1-11 defendant reside during the period of parole or mandatory 1-12 supervision in the county in which: 1-13 (1) the defendant resided at the time of committing 1-14 the offense for which the defendant was sentenced to the 1-15 institutional division; or 1-16 (2) the defendant committed the offense for which the 1-17 defendant was sentenced to the institutional division, but only if 1-18 the defendant was not a resident of this state at the time of 1-19 committing the offense. 1-20 (b) A parole panel may require a defendant to reside in a 1-21 county other than the county required by Subsection (a) of this 1-22 section to: 1-23 (1) protect the life or safety of a victim of the 2-1 defendant's offense, the defendant, a witness in the case, or any 2-2 other person; or 2-3 (2) increase the likelihood of the defendant's 2-4 successful completion of parole or mandatory supervision, because 2-5 of: 2-6 (A) written expressions of significant public 2-7 concern in the county in which the defendant would otherwise be 2-8 required to reside; 2-9 (B) the presence of family members or friends in 2-10 the other county who have expressed a willingness to assist the 2-11 defendant in successfully completing the terms and conditions of 2-12 the defendant's release on parole or mandatory supervision; 2-13 (C) the verified existence of a job offer in the 2-14 other county; or 2-15 (D) the availability of treatment programs, 2-16 educational programs, or other social service programs in the other 2-17 county that are not available in the county in which the defendant 2-18 would otherwise be required to reside. 2-19 (c) At any time after a defendant is released on parole or 2-20 mandatory supervision, a parole panel may modify the conditions of 2-21 parole or release on mandatory supervision to require the defendant 2-22 to reside in a county other than the county required by the 2-23 original conditions. In making a decision under this subsection, a 2-24 parole panel must consider the factors listed in Subsection (b) of 2-25 this section. 3-1 (d) If a parole panel initially requires the defendant to 3-2 reside in a county other than the county required by Subsection (a) 3-3 of this article, the parole panel shall subsequently require the 3-4 person to reside in the county described by Subsection (a) of this 3-5 article if the requirement that the defendant reside in the other 3-6 county was based on: 3-7 (1) the verified existence of a job offer under 3-8 Subsection (b)(2)(C) of this article and the defendant is no longer 3-9 employed in or actively seeking employment; or 3-10 (2) the availability of treatment programs, 3-11 educational programs, or other social service programs under 3-12 Subsection (b)(2)(D) of this article and the defendant: 3-13 (A) no longer regularly participates in the 3-14 program as required by a term or condition of parole or release to 3-15 mandatory supervision; or 3-16 (B) has successfully completed the program but 3-17 has violated another term or condition of the defendant's release 3-18 on parole or mandatory supervision. 3-19 (e) If a parole panel requires the defendant to reside in a 3-20 county other than the county required by Subsection (a) of this 3-21 section, the panel shall state the reason for its decision in 3-22 writing and place the statement in the defendant's permanent 3-23 record. 3-24 (f) This section does not apply to a decision by a parole 3-25 panel to require a defendant to serve the period of parole or 4-1 mandatory supervision in another state. 4-2 SECTION 2. Chapter 413, Government Code, is amended by 4-3 adding Section 413.019 to read as follows: 4-4 Sec. 413.019. REPORT ON INMATE RELEASE STATISTICS. (a) Not 4-5 later than the fifth day of each month, the policy council shall 4-6 determine the following information relating to inmates for the 4-7 preceding month: 4-8 (1) the number and percentage of inmates released on 4-9 parole or to mandatory supervision to each county; 4-10 (2) the number and percentage of inmates released on 4-11 parole in absentia to each county; and 4-12 (3) the number of inmates released to and from a 4-13 halfway house in each county, including the number of inmates who 4-14 are required as a condition of release to reside in a county other 4-15 than the county in which a halfway house is located. 4-16 (b) The policy council shall submit to the Texas Board of 4-17 Criminal Justice an annual report that includes the following 4-18 information for the preceding 12 months: 4-19 (1) the number of inmates released on parole or to 4-20 mandatory supervision; 4-21 (2) the number and percentage of inmates released on 4-22 parole or to mandatory supervision to each county, including the 4-23 number of inmates who are required on release from a halfway house 4-24 to reside in a county other than the county in which the halfway 4-25 house is located; 5-1 (3) the number of inmates released on parole in 5-2 absentia; 5-3 (4) the number and destination of inmates who are 5-4 transferred from one county to another during the period of release 5-5 or supervision; and 5-6 (5) the number and percentage of inmates released on 5-7 parole in absentia to each county. 5-8 (c) The report required under this section must also include 5-9 the number of persons under the supervision or custody of the Texas 5-10 Department of Criminal Justice at the end of a fiscal year, 5-11 including the type and status of the supervision or custody. 5-12 (d) The pardons and paroles division of the Texas Department 5-13 of Criminal Justice shall review the information in the annual 5-14 report to enable the division to make an appropriate and equitable 5-15 distribution of inmates to each county. 5-16 SECTION 3. The Criminal Justice Policy Council shall make 5-17 its first annual report as required by Section 413.019, Government 5-18 Code, as added by this Act, not later than January 1, 1994. 5-19 SECTION 4. This Act takes effect September 1, 1993. 5-20 SECTION 5. The importance of this legislation and the 5-21 crowded condition of the calendars in both houses create an 5-22 emergency and an imperative public necessity that the 5-23 constitutional rule requiring bills to be read on three several 5-24 days in each house be suspended, and this rule is hereby suspended.