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.
2-12 * * * * *