By Culberson H.B. No. 693
74R2153 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requests for issuance of arrest warrants for inmates
1-3 who fail to report to parole officers as required by the terms of
1-4 the inmates' release on parole or to mandatory supervision.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 13(a), Article 42.18, Code of Criminal
1-7 Procedure, is amended to read as follows:
1-8 Sec. 13. Warrants. (a)(1) A warrant for the return of a
1-9 paroled prisoner, a prisoner released to mandatory supervision, a
1-10 prisoner released although not eligible for release, a resident
1-11 released to a preparole or work program, a prisoner released on
1-12 emergency reprieve or on furlough, or a person released on a
1-13 conditional pardon to the institution from which the person was
1-14 paroled, released, or pardoned may be issued by the director or a
1-15 designated agent of the director in cases of parole or mandatory
1-16 supervision, or by the board on order by the governor in other
1-17 cases, if there is reason to believe that the person has been
1-18 released although not eligible for release, if the person has been
1-19 arrested for an offense, if there is a verified complaint stating
1-20 that the person violated a rule or condition of release, or if
1-21 there is reliable evidence that the person has exhibited behavior
1-22 during the person's release that indicates to a reasonable person
1-23 that the person poses a danger to society that warrants the
1-24 person's immediate return to custody. The person may be held in
2-1 custody pending a determination of all facts surrounding the
2-2 alleged offense, violation of a rule or condition of release, or
2-3 dangerous behavior. A designated agent of the director acts
2-4 independently from a parole officer and must receive specialized
2-5 training as determined by the director. The <Such> warrant shall
2-6 authorize all officers named therein to take actual custody of the
2-7 prisoner and detain and house the prisoner until a parole panel
2-8 orders the return of the prisoner to the institution from which the
2-9 prisoner <he> was released. Pending hearing on a<, as hereinafter
2-10 provided, upon any> charge of parole violation, ineligible release,
2-11 or violation of the conditions of mandatory supervision, a prisoner
2-12 returned to custody shall remain incarcerated. If the director, a
2-13 board member, or a designated agent of the director or the board is
2-14 otherwise authorized to issue a warrant under this subsection, the
2-15 pardons and paroles division may <instead> issue to a prisoner a
2-16 summons requiring the prisoner to appear for a hearing under
2-17 Section 14 of this article. The summons must state the time,
2-18 place, date, and purpose of the hearing.
2-19 (2) If a prisoner who is required on release to report
2-20 to a parole officer or halfway house by the pardons and paroles
2-21 division fails to report, the parole officer charged with
2-22 supervising the prisoner shall request a warrant not later than the
2-23 fifth day after the date on which the prisoner was required to
2-24 report. If a prisoner who is under active supervision fails to
2-25 report to a parole officer at the district parole office, halfway
2-26 house, or other location as required by the terms of the prisoner's
2-27 release on parole or to mandatory supervision, the parole officer
3-1 charged with supervising the prisoner shall request a warrant not
3-2 later than the 21st day after the date on which the prisoner was
3-3 required to report.
3-4 SECTION 2. The importance of this legislation and the
3-5 crowded condition of the calendars in both houses create an
3-6 emergency and an imperative public necessity that the
3-7 constitutional rule requiring bills to be read on three several
3-8 days in each house be suspended, and this rule is hereby suspended,
3-9 and that this Act take effect and be in force from and after its
3-10 passage, and it is so enacted.