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.