BILL ANALYSIS S.B. 279 By: Brown (Junell) 04-11-95 Committee Report (Unamended) BACKGROUND The Texas Department of Criminal Justice has experienced both a growth in inmate population and difficulty in housing inmates. The inmate population contains many individuals who are not citizens of the United States. The Immigration and Naturalization Service estimates that Texas is currently housing 10,000 non-citizens in its criminal justice system. The expenses associated with incarcerating these non-citizens are completely borne by Texas taxpayers. PURPOSE S.B. 279 requires the Texas Department of Criminal Justice to identify deportable aliens and notify the Immigration and Naturalization Service. 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 Chapter 493, Government Code, by adding Section 493.015, as follows: Sec. 493.015. IDENTIFICATION OF DEPORTABLE ALIENS. (a) Defines "illegal criminal alien." (b) Requires the Texas Department of Criminal Justice (department) to identify those inmates who are imprisoned in the institutional division or confined in a transfer facility, a substance abuse treatment facility, a state jail felony facility, or a county jail awaiting transfer to the institutional division and for whom the department is unable to reasonably ascertain whether or not the person is an illegal criminal alien (alien). (c) Authorizes the department, while attempting to determine an inmate's citizenship, to take into account any previous statements made by the inmate or any information in the criminal history record information maintained on the inmate, including information developed in presentence investigation reports. (d) Requires the department to promptly notify the United States Immigration and Naturalization Service (service) of any inmate determined by the department to be an alien and request assistance of the department, if necessary, in determining whether or not the person is an alien. (e) Requires the department to promptly notify the criminal justice division of the governor's office of any inmate determined to be an alien, and the criminal justice division of the governor's office shall apply to the federal government for any funds due the state for criminal justice costs incurred with respect to an alien. (f) Requires federal funds received for criminal justice costs incurred with respect to an alien to be deposited to the credit of the general revenue fund. (g) Requires the department to cooperate with the service in implementing an efficient system for the deportation of aliens on completion of the inmates' sentences or release of the inmates on parole or mandatory supervision. Requires the department to consider designating certain facilities or units as central locations to hold inmates who are aliens for the period immediately preceding release on parole or mandatory supervision; and consider providing two-way closed circuit communications systems and other technology that will assist the state and the federal government in ensuring the timely and efficient deportation of illegal criminal aliens. SECTION 2. Amends Chapter 2, Code of Criminal Procedure, by adding Article 2.25, as follows: Art. 2.25. REPORTING CERTAIN ALIENS TO FEDERAL GOVERNMENT. Requires a judge to report to the U.S. Immigration and Naturalization Service a person who has been convicted in the judge's court of a crime and is an alien as defined by Section 493.015(a), Government Code. SECTION 3. Emergency clause. Effective date: upon passage. SUMMARY OF COMMITTEE ACTION S.B. 279 was considered by the Committee on Corrections in a public hearing on April 11, 1995. The Chair recognized Representative Junell to explain the bill. The Chair recognized the following person to testify neutrally on the bill: Bob Lauder, representing the Comptroller of Public Accounts. The bill was reported favorably, without amendment, with the recommendation that it do pass and be printed, by a record vote of 5 ayes, 0 nays, 0 pnv, and 4 absent.