74R11289 GWK-F
By Combs H.B. No. 179
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the participation of certain defendants in county jail
1-3 work release programs.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 42.034, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 42.034. COUNTY JAIL WORK RELEASE PROGRAM. (a) If jail
1-8 time has been awarded to a person sentenced for a misdemeanor or
1-9 sentenced to confinement in the county jail for a felony, the trial
1-10 judge at the time of pronouncement of sentence or at any time while
1-11 the defendant is serving the sentence, when in the judge's
1-12 discretion the ends of justice would best be served, may require
1-13 <permit> the defendant to serve an alternate term for the same
1-14 period of time in the county jail work release program of the
1-15 county in which the offense occurred, if the person is classified
1-16 by the sheriff as a low-risk offender under the classification
1-17 system developed by the Commission on Jail Standards under Section
1-18 511.009, Government Code.
1-19 (b) The sheriff shall provide a classification report for a
1-20 defendant to a judge as necessary so that the judge can determine
1-21 whether to require the defendant to participate in the work release
1-22 program under this article.
1-23 (c) A defendant sentenced under this article <section> who
1-24 would otherwise be sentenced to confinement in jail may earn good
2-1 conduct credit in the same manner as provided by Article 42.032 of
2-2 this code, but only while actually confined.
2-3 SECTION 2. Section 511.009(a), Government Code, is amended
2-4 to read as follows:
2-5 (a) The commission shall:
2-6 (1) adopt reasonable rules and procedures establishing
2-7 minimum standards for the construction, equipment, maintenance, and
2-8 operation of county jails;
2-9 (2) adopt reasonable rules and procedures establishing
2-10 minimum standards for the custody, care, and treatment of
2-11 prisoners;
2-12 (3) adopt reasonable rules establishing minimum
2-13 standards for the number of jail supervisory personnel and for
2-14 programs and services to meet the needs of prisoners;
2-15 (4) adopt reasonable rules and procedures establishing
2-16 minimum requirements for programs of rehabilitation, education, and
2-17 recreation in county jails;
2-18 (5) revise, amend, or change rules and procedures if
2-19 necessary;
2-20 (6) provide to local government officials consultation
2-21 on and technical assistance for county jails;
2-22 (7) review and comment on plans for the construction
2-23 and major modification or renovation of county jails;
2-24 (8) require that the sheriff and commissioners of each
2-25 county submit to the commission, on a form prescribed by the
2-26 commission, an annual report on the conditions in each county jail
2-27 within their jurisdiction, including all information necessary to
3-1 determine compliance with state law, commission orders, and the
3-2 rules adopted under this chapter;
3-3 (9) review the reports submitted under Subdivision (8)
3-4 and require commission employees to inspect county jails regularly
3-5 to ensure compliance with state law, commission orders, and rules
3-6 and procedures adopted under this chapter; <and>
3-7 (10) adopt a classification system to assist sheriffs
3-8 and judges in determining which defendants are low-risk and
3-9 consequently suitable participants in a county jail work release
3-10 program under Article 42.034, Code of Criminal Procedure; and
3-11 (11) at least annually determine whether each county
3-12 jail is in compliance with the rules and procedures adopted under
3-13 this chapter.
3-14 SECTION 3. The Commission on Jail Standards shall adopt the
3-15 classification system as required by Section 511.009(a), Government
3-16 Code, as amended by this Act, not later than December 1, 1995.
3-17 SECTION 4. This Act takes effect September 1, 1995.
3-18 SECTION 5. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended.