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.