BILL ANALYSIS



C.S.H.B. 179
By: Combs
04-27-95
Committee Report (Substituted)


BACKGROUND

Under current law, certain convicted felons are eligible for county
jail work release programs.  The sheriff of each county may attempt
to secure employment for each defendant sentenced to this program
and for each defendant confined in the county jail awaiting
transfer to the institutional division of the Texas Department of
Criminal Justice.

PURPOSE

If enacted, C.S.H.B. 179 would require a person confined in the
county jail for a misdemeanor or sentenced to confinement in the
county jail for a felony, to serve an alternate term in a county
jail work release program if that person is classified as a low-risk offender.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 42.034, Code of Criminal Procedure
(COUNTY WORK RELEASE PROGRAM), by (a) permitting the judge to
require a low risk offender who is confined in a county jail for a
misdemeanor or a felony to serve an alternate term in the county
jail work release program; (b) requiring the sheriff to provide a
classification report on the defendant to the judge for
determination of a the defendant's eligibility to participate in
the work release program; and (c) replacing "section" with
"article."

SECTION 2.  Amends Section 511.009(a), Government Code by requiring
the commission to adopt a classification system to assist sheriffs
and judges in determining defendants who are low-risk for
participation in county jail work release programs.

SECTION 3. Requires the Commission on Jail Standards to adopt the
classification system required by Section 511.009(a)., Government
Code, no later than December 1, 1995.

SECTION 4.  Effective Date:  September 1, 1995.

SECTION 5.  Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill amended Article 42.031 of the Code of Criminal
Procedure by making a defendant confined in the county jail
awaiting transfer to the institutional division of TDCJ after
conviction of an offense under Title 5, Penal Code, Chapter 29
(Robbery and Aggravated Robbery), or Section 49.04, Penal Code
(Driving While Intoxicated), if punishable under Section 49.09,
Penal Code, ineligible to participate in county jail work release
programs.  The substitute amends Article 42.034 by requiring a
classification of a low risk offender before participating in a
county jail work release program.  The sheriff is required to
provide that report to the judge.  The substitute also allows the
defendant to earn good time conduct credit.

SUMMARY OF COMMITTEE ACTION

HB 179 was considered by the full committee in a public hearing on
April 19, 1995.  The bill was left pending.  HB 179 was considered
by the full committee in a formal meeting on April 27, 1995.  The
committee considered a complete substitute for the bill.  The
substitute was adopted by a non-record vote.  HB 179 was reported
favorably as substituted, with the recommendation that it do pass
and be printed and be sent to the Local and Consent Calendars by a
record vote of 7 ayes, 0 nays, 0 pnv, and 2 absent.