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 3-56 -------------------------------------------------------------------