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.