1-1  By:  Combs (Senate Sponsor - Barrientos)               H.B. No. 179
    1-2        (In the Senate - Received from the House May 10, 1995;
    1-3  May 11, 1995, read first time and referred to Committee on Criminal
    1-4  Justice; May 22, 1995, reported favorably by the following vote:
    1-5  Yeas 5, Nays 0; May 22, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the participation of certain defendants in county jail
    1-9  work release programs.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Article 42.034, Code of Criminal Procedure, is
   1-12  amended to read as follows:
   1-13        Art. 42.034.  COUNTY JAIL WORK RELEASE PROGRAM.  (a)  If jail
   1-14  time has been awarded to a person sentenced for a misdemeanor or
   1-15  sentenced to confinement in the county jail for a felony, the trial
   1-16  judge at the time of pronouncement of sentence or at any time while
   1-17  the defendant is serving the sentence, when in the judge's
   1-18  discretion the ends of justice would best be served, may require
   1-19  <permit> the defendant to serve an alternate term for the same
   1-20  period of time in the county jail work release program of the
   1-21  county in which the offense occurred, if the person is classified
   1-22  by the sheriff as a low-risk offender under the classification
   1-23  system developed by the Commission on Jail Standards under Section
   1-24  511.009, Government Code.
   1-25        (b)  The sheriff shall provide a classification report for a
   1-26  defendant to a judge as necessary so that the judge can determine
   1-27  whether to require the defendant to participate in the work release
   1-28  program under this article.
   1-29        (c)  A defendant sentenced under this article <section> who
   1-30  would otherwise be sentenced to confinement in jail may earn good
   1-31  conduct credit in the same manner as provided by Article 42.032 of
   1-32  this code, but only while actually confined.
   1-33        SECTION 2.  Section 511.009(a), Government Code, is amended
   1-34  to read as follows:
   1-35        (a)  The commission shall:
   1-36              (1)  adopt reasonable rules and procedures establishing
   1-37  minimum standards for the construction, equipment, maintenance, and
   1-38  operation of county jails;
   1-39              (2)  adopt reasonable rules and procedures establishing
   1-40  minimum standards for the custody, care, and treatment of
   1-41  prisoners;
   1-42              (3)  adopt reasonable rules establishing minimum
   1-43  standards for the number of jail supervisory personnel and for
   1-44  programs and services to meet the needs of prisoners;
   1-45              (4)  adopt reasonable rules and procedures establishing
   1-46  minimum requirements for programs of rehabilitation, education, and
   1-47  recreation in county jails;
   1-48              (5)  revise, amend, or change rules and procedures if
   1-49  necessary;
   1-50              (6)  provide to local government officials consultation
   1-51  on and technical assistance for county jails;
   1-52              (7)  review and comment on plans for the construction
   1-53  and major modification or renovation of county jails;
   1-54              (8)  require that the sheriff and commissioners of each
   1-55  county submit to the commission, on a form prescribed by the
   1-56  commission, an annual report on the conditions in each county jail
   1-57  within their jurisdiction, including all information necessary to
   1-58  determine compliance with state law, commission orders, and the
   1-59  rules adopted under this chapter;
   1-60              (9)  review the reports submitted under Subdivision (8)
   1-61  and require commission employees to inspect county jails regularly
   1-62  to ensure compliance with state law, commission orders, and rules
   1-63  and procedures adopted under this chapter; <and>
   1-64              (10)  adopt a classification system to assist sheriffs
   1-65  and judges in determining which defendants are low-risk and
   1-66  consequently suitable participants in a county jail work release
   1-67  program under Article 42.034, Code of Criminal Procedure; and
   1-68              (11)  at least annually determine whether each county
    2-1  jail is in compliance with the rules and procedures adopted under
    2-2  this chapter.
    2-3        SECTION 3.  The Commission on Jail Standards shall adopt the
    2-4  classification system as required by Section 511.009(a), Government
    2-5  Code, as amended by this Act, not later than December 1, 1995.
    2-6        SECTION 4.  This Act takes effect September 1, 1995.
    2-7        SECTION 5.  The importance of this legislation and the
    2-8  crowded condition of the calendars in both houses create an
    2-9  emergency and an imperative public necessity that the
   2-10  constitutional rule requiring bills to be read on three several
   2-11  days in each house be suspended, and this rule is hereby suspended.
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