SRC-SLL H.B. 485 75(R)    BILL ANALYSIS


Senate Research CenterH.B. 485
By: McClendon (Nelson)
Criminal Justice
3-19-97
Engrossed


DIGEST 

Currently, certain entities operating correctional facilities in Texas may
contract with other states to house inmates convicted of crimes in those
states in Texas facilities.  As of December 1996, the Texas Commission on
Jail Standards (commission) reported that there were approximately 5,000
prisoners in Texas' facilities from 14 other states.  Under rules of the
commission, the contracts for housing out-of-state prisoners are required
to contain provisions that all inmates confined pursuant to the contract
be released within the jurisdiction of the sending entity.  Although
administrative rules currently control this release policy, a statute
would further bolster this requirement and ensure that out-of-state
inmates will not be released in Texas.  This bill would require an
out-of-state inmate housed in a correctional facility in this state to be
returned to the sending state before the inmate's release from
imprisonment. 

PURPOSE

As proposed, H.B. 450 requires an out-of-state inmate housed in a
correctional facility in this state to be returned to the sending state
before the inmate's release from imprisonment. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 495B, Government Code, by adding Section
495.024, as follows: 

Sec.  495.024.  RELEASE OF OUT-OF-STATE INMATES.  Requires  a county,
municipality, or private vendor operating a correctional facility under a
contract with a county under Chapter 351F, Local Government Code, or a
municipality under Chapter 361E, Local Government Code, that enters into a
contract with any entity to house in this state inmates convicted of
offenses committed against the laws of another state of the United States
to require as a condition of the contract that each inmate to be released
from custody must be released in the sending state.   

SECTION 2. Makes application of this Act prospective.

SECTION 3. Emergency clause.
  Effective date: upon passage.