By: Gallegos S.B. No. 807 A BILL TO BE ENTITLED AN ACT 1-1 relating to conditions of parole and release to mandatory 1-2 supervision for certain inmates. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 8, Article 42.18, Code of Criminal 1-5 Procedure, is amended by adding Subsection (u) to read as follows: 1-6 (u)(1) In addition to other conditions imposed by a parole 1-7 panel under this article, the parole panel shall require as a 1-8 condition of parole or release to mandatory supervision that an 1-9 inmate serving a sentence for an offense under Section 21.11, 1-10 22.011, 22.021, or 25.02, Penal Code: 1-11 (A) submit to a polygraph examination 1-12 administered by a licensed polygraph examiner at least once in each 1-13 90-day period following the date on which the inmate is released on 1-14 parole or mandatory supervision; 1-15 (B) inform the polygraph examiner of the reason 1-16 for the examination and the name and address of the inmate's parole 1-17 officer; and 1-18 (C) pay to the polygraph examiner the fee 1-19 charged by the examiner to administer the examination. 1-20 (2) The pardons and paroles division shall develop a 1-21 standard list of questions to be asked during an examination 1-22 administered under this subsection and shall, on request by a 1-23 licensed polygraph examiner, provide a copy of that list to the 2-1 examiner. Questions on the list shall be designed to elicit 2-2 responses from the inmate concerning the inmate's compliance with 2-3 any conditions of release. 2-4 (3) A licensed polygraph examiner who administers an 2-5 examination under this subsection shall ask the inmate all 2-6 questions included on the standard list developed by the pardons 2-7 and paroles division and send the results of the examination to the 2-8 inmate's parole officer. 2-9 (4) In a parole or mandatory supervision revocation 2-10 hearing under Section 14 of this article at which it is alleged 2-11 only that the inmate failed to make a payment under this 2-12 subsection, the inability of the inmate to pay is an affirmative 2-13 defense to revocation, which the inmate must prove by a 2-14 preponderance of the evidence. 2-15 SECTION 2. The change in law made by this Act applies only 2-16 to an inmate released on parole or mandatory supervision on or 2-17 after the effective date of this Act. An inmate released on parole 2-18 or mandatory supervision before the effective date of this Act is 2-19 covered by the law in effect when the inmate was released, and the 2-20 former law is continued in effect for that purpose. 2-21 SECTION 3. This Act takes effect September 1, 1995. 2-22 SECTION 4. The importance of this legislation and the 2-23 crowded condition of the calendars in both houses create an 2-24 emergency and an imperative public necessity that the 2-25 constitutional rule requiring bills to be read on three several 3-1 days in each house be suspended, and this rule is hereby suspended.