1-1 By: Whitmire S.B. No. 724
1-2 (In the Senate - Filed March 9, 1993; March 10, 1993, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 April 28, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 28, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Whitmire x
1-10 Brown x
1-11 Nelson x
1-12 Sibley x
1-13 Sims x
1-14 Turner x
1-15 West x
1-16 COMMITTEE SUBSTITUTE FOR S.B. No. 724 By: Whitmire
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to the county in which a defendant released on parole or
1-20 mandatory supervision must reside as a condition of release and to
1-21 a report by the Criminal Justice Policy Council on the number of
1-22 inmates released to each county.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Article 42.18, Code of Criminal Procedure, is
1-25 amended by adding Section 8A to read as follows:
1-26 Sec. 8A. (a) In addition to other conditions imposed by a
1-27 parole panel under this article, the panel shall require as a
1-28 condition of parole or release to mandatory supervision that the
1-29 defendant reside during the period of parole or mandatory
1-30 supervision in the county in which:
1-31 (1) the defendant resided at the time of committing
1-32 the offense for which the defendant was sentenced to the
1-33 institutional division; or
1-34 (2) the defendant committed the offense for which the
1-35 defendant was sentenced to the institutional division, but only if
1-36 the defendant was not a resident of this state at the time of
1-37 committing the offense.
1-38 (b) A parole panel may require a defendant to reside in a
1-39 county other than the county required by Subsection (a) of this
1-40 section to:
1-41 (1) protect the life or safety of a victim of the
1-42 defendant's offense, the defendant, a witness in the case, or any
1-43 other person; or
1-44 (2) increase the likelihood of the defendant's
1-45 successful completion of parole or mandatory supervision, because
1-46 of:
1-47 (A) written expressions of significant public
1-48 concern in the county in which the defendant would otherwise be
1-49 required to reside;
1-50 (B) the presence of family members or friends in
1-51 the other county who have expressed a willingness to assist the
1-52 defendant in successfully completing the terms and conditions of
1-53 the defendant's release on parole or mandatory supervision;
1-54 (C) the verified existence of a job offer in the
1-55 other county; or
1-56 (D) the availability of treatment programs,
1-57 educational programs, or other social service programs in the other
1-58 county that are not available in the county in which the defendant
1-59 would otherwise be required to reside.
1-60 (c) At any time after a defendant is released on parole or
1-61 mandatory supervision, a parole panel may modify the conditions of
1-62 parole or release on mandatory supervision to require the defendant
1-63 to reside in a county other than the county required by the
1-64 original conditions. In making a decision under this subsection, a
1-65 parole panel must consider the factors listed in Subsection (b) of
1-66 this section.
1-67 (d) If a parole panel initially requires the defendant to
1-68 reside in a county other than the county required by Subsection (a)
2-1 of this article, the parole panel shall subsequently require the
2-2 person to reside in the county described by Subsection (a) of this
2-3 article if the requirement that the defendant reside in the other
2-4 county was based on:
2-5 (1) the verified existence of a job offer under
2-6 Subsection (b)(2)(C) of this article and the defendant is no longer
2-7 employed in or actively seeking employment; or
2-8 (2) the availability of treatment programs,
2-9 educational programs, or other social service programs under
2-10 Subsection (b)(2)(D) of this article and the defendant:
2-11 (A) no longer regularly participates in the
2-12 program as required by a term or condition of parole or release to
2-13 mandatory supervision; or
2-14 (B) has successfully completed the program but
2-15 has violated another term or condition of the defendant's release
2-16 on parole or mandatory supervision.
2-17 (e) If a parole panel requires the defendant to reside in a
2-18 county other than the county required by Subsection (a) of this
2-19 section, the panel shall state the reason for its decision in
2-20 writing and place the statement in the defendant's permanent
2-21 record.
2-22 (f) This section does not apply to a decision by a parole
2-23 panel to require a defendant to serve the period of parole or
2-24 mandatory supervision in another state.
2-25 SECTION 2. Chapter 413, Government Code, is amended by
2-26 adding Section 413.019 to read as follows:
2-27 Sec. 413.019. REPORT ON INMATE RELEASE STATISTICS. (a) Not
2-28 later than the fifth day of each month, the policy council shall
2-29 determine the following information relating to inmates for the
2-30 preceding month:
2-31 (1) the number and percentage of inmates released on
2-32 parole or to mandatory supervision to each county;
2-33 (2) the number and percentage of inmates released on
2-34 parole in absentia to each county; and
2-35 (3) the number of inmates released to and from a
2-36 halfway house in each county, including the number of inmates who
2-37 are required as a condition of release to reside in a county other
2-38 than the county in which a halfway house is located.
2-39 (b) The policy council shall submit to the Texas Board of
2-40 Criminal Justice an annual report that includes the following
2-41 information for the preceding 12 months:
2-42 (1) the number of inmates released on parole or to
2-43 mandatory supervision;
2-44 (2) the number and percentage of inmates released on
2-45 parole or to mandatory supervision to each county, including the
2-46 number of inmates who are required on release from a halfway house
2-47 to reside in a county other than the county in which the halfway
2-48 house is located;
2-49 (3) the number of inmates released on parole in
2-50 absentia;
2-51 (4) the number and destination of inmates who are
2-52 transferred from one county to another during the period of release
2-53 or supervision; and
2-54 (5) the number and percentage of inmates released on
2-55 parole in absentia to each county.
2-56 (c) The report required under this section must also include
2-57 the number of persons under the supervision or custody of the Texas
2-58 Department of Criminal Justice at the end of a fiscal year,
2-59 including the type and status of the supervision or custody.
2-60 (d) The pardons and paroles division of the Texas Department
2-61 of Criminal Justice shall review the information in the annual
2-62 report to enable the division to make an appropriate and equitable
2-63 distribution of inmates to each county.
2-64 SECTION 3. The Criminal Justice Policy Council shall make
2-65 its first annual report as required by Section 413.019, Government
2-66 Code, as added by this Act, not later than January 1, 1994.
2-67 SECTION 4. This Act takes effect September 1, 1993.
2-68 SECTION 5. The importance of this legislation and the
2-69 crowded condition of the calendars in both houses create an
2-70 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended.
3-3 * * * * *
3-4 Austin,
3-5 Texas
3-6 April 28, 1993
3-7 Hon. Bob Bullock
3-8 President of the Senate
3-9 Sir:
3-10 We, your Committee on Criminal Justice to which was referred S.B.
3-11 No. 724, have had the same under consideration, and I am instructed
3-12 to report it back to the Senate with the recommendation that it do
3-13 not pass, but that the Committee Substitute adopted in lieu thereof
3-14 do pass and be printed.
3-15 Whitmire,
3-16 Chairman
3-17 * * * * *
3-18 WITNESSES
3-19 FOR AGAINST ON
3-20 ___________________________________________________________________
3-21 Name: David Patronella x
3-22 Representing: Justice of Peace/Harris Co.
3-23 City: Houston
3-24 -------------------------------------------------------------------
3-25 Name: Michael Howard x
3-26 Representing: Houston Police Patrolmens Un
3-27 City: Houston
3-28 -------------------------------------------------------------------
3-29 Name: Carvel McNeil, Jr. x
3-30 Representing: Houston Police Patrolmens Un
3-31 City: Houston
3-32 -------------------------------------------------------------------
3-33 Name: Mark Clark x x
3-34 Representing: Houston Police Officers/CLEAT
3-35 City: Houston
3-36 -------------------------------------------------------------------
3-37 Name: Sabrina Foster x
3-38 Representing: Mayor/City Council of Houston
3-39 City: Austin
3-40 -------------------------------------------------------------------
3-41 Name: Bob Owens x
3-42 Representing: TDCJ Pardons and Paroless Div
3-43 City: Austin
3-44 -------------------------------------------------------------------
3-45 Name: Michael White x
3-46 Representing: Greater Houston Partnership
3-47 City: Houston
3-48 -------------------------------------------------------------------
3-49 Name: Donald Lee x
3-50 Representing: Harris County Judge Lindsey
3-51 City: Houston
3-52 -------------------------------------------------------------------
3-53 Name: Mayor Bob Lanier x
3-54 Representing: City of Houston
3-55 City: Houston
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