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.