By Brown S.B. No. 498
74R2549 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to conditions of community supervision, parole, and
1-3 release on mandatory supervision for defendants who apply for
1-4 certain state benefits.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 11, Article 42.12, Code of Criminal
1-7 Procedure, is amended by adding Subsection (e) to read as follows:
1-8 (e) A judge shall require as a condition of a defendant's
1-9 placement on community supervision, in addition to any other
1-10 condition imposed under this article, that the defendant notify the
1-11 defendant's supervision officer not later than the next business
1-12 day after the defendant applies for financial assistance under
1-13 Chapter 31, Human Resources Code. Not later than the sixth
1-14 business day after being notified under this subsection, the
1-15 supervision officer shall provide written notice to the Texas
1-16 Department of Human Services. The supervision officer shall
1-17 include in the notice the defendant's name and residence address, a
1-18 statement that the defendant has been placed on community
1-19 supervision, a brief description of the department's duties under
1-20 Section 31.035, Human Resources Code, and the supervision officer's
1-21 name and business address. A supervision officer receiving a
1-22 warrant under Section 31.035, Human Resources Code, shall deliver
1-23 the warrant to the defendant for whom the warrant is drawn during
1-24 the next occasion on which the defendant reports in person to the
2-1 supervision officer. If the defendant moves to a new residence
2-2 address in this state during the term of community supervision, or
2-3 if, for any other reason, the defendant's supervision officer
2-4 changes, the officer supervising the defendant shall immediately
2-5 notify the new supervision officer that the defendant is a
2-6 recipient of state benefits. On being notified, the new
2-7 supervision officer shall assume the duties imposed by this
2-8 subsection on a supervision officer who receives notice from the
2-9 defendant. If the defendant is discharged from community
2-10 supervision, the officer supervising the defendant at the time of
2-11 discharge shall provide written notice of the defendant's discharge
2-12 to the Texas Department of Human Services.
2-13 SECTION 2. Section 8, Article 42.18, Code of Criminal
2-14 Procedure, is amended by adding Subsection (u) to read as follows:
2-15 (u) A parole panel shall require as a condition of parole or
2-16 release to mandatory supervision, in addition to any other
2-17 condition imposed under this article, that the defendant notify the
2-18 defendant's parole officer not later than the next business day
2-19 after the defendant applies for financial assistance under Chapter
2-20 31, Human Resources Code. Not later than the sixth business day
2-21 after being notified under this subsection, the parole officer
2-22 supervising the defendant shall provide written notice to the Texas
2-23 Department of Human Services. The parole officer shall include in
2-24 the notice the defendant's name and residence address, a statement
2-25 that the defendant has been released from custody, a brief
2-26 description of the department's duties under Section 31.035, Human
2-27 Resources Code, and the parole officer's name and business address.
3-1 A parole officer receiving a warrant under Section 31.035, Human
3-2 Resources Code, shall deliver the warrant to the defendant for whom
3-3 the warrant is drawn during the next occasion on which the
3-4 defendant reports in person to the parole officer. If the
3-5 defendant moves to a new residence address in this state during the
3-6 term of parole or mandatory supervision, or if, for any other
3-7 reason, the defendant's parole officer changes, the officer
3-8 supervising the defendant shall immediately notify the new parole
3-9 officer that the defendant is a recipient of state benefits. On
3-10 being notified, the new parole officer shall assume the duties
3-11 imposed by this subsection on a parole officer who receives notice
3-12 from the defendant. If the defendant is discharged from parole or
3-13 mandatory supervision, the officer supervising the defendant at
3-14 the time of discharge shall provide written notice of the
3-15 defendant's discharge to the Texas Department of Human Services.
3-16 SECTION 3. Section 31.035, Human Resources Code, is amended
3-17 by adding Subsections (c) and (d) to read as follows:
3-18 (c) The department shall keep a record of persons for whom
3-19 the department has received written notice under Section 11(e),
3-20 Article 42.12, or Section 8(u), Article 42.18, Code of Criminal
3-21 Procedure. A warrant drawn to any person whose name is included in
3-22 the record shall be delivered by mail to the supervision or parole
3-23 officer who provided notice as required by those articles.
3-24 (d) Working in conjunction with the comptroller, the
3-25 department shall establish procedures to effectuate the purposes of
3-26 Subsection (c) with respect to persons who receive benefits by
3-27 electronic benefits transfer (EBT), if the EBT system is extended
4-1 to the financial assistance program. On receipt of written notice
4-2 that a person has been discharged from community supervision,
4-3 parole, or mandatory supervision, the department shall deliver
4-4 warrants to the person in the same manner as it delivers warrants
4-5 to persons not under supervision.
4-6 SECTION 4. The change in law made by this Act applies only
4-7 to a defendant released on community supervision, parole, or
4-8 mandatory supervision on or after the effective date of this Act.
4-9 A defendant released on community supervision, parole, or mandatory
4-10 supervision before the effective date of this Act is covered by the
4-11 law in effect when the defendant was released, and the former law
4-12 is continued in effect for that purpose.
4-13 SECTION 5. This Act takes effect September 1, 1995.
4-14 SECTION 6. The importance of this legislation and the
4-15 crowded condition of the calendars in both houses create an
4-16 emergency and an imperative public necessity that the
4-17 constitutional rule requiring bills to be read on three several
4-18 days in each house be suspended, and this rule is hereby suspended.