SGN C.S.H.B. 658 75(R)BILL ANALYSIS


CORRECTIONS
C.S.H.B. 658
By: Burnam
4-3-97
Committee Report (Substituted)


BACKGROUND 

In 1995, of all sex offenders in halfway houses statewide, 75% were in the
two halfway houses in Fort Worth.  Although current law requires parolees
to be released to the county in which the defendant resided when the
offense was committed, the number of exceptions allowed may not adequately
protect communities from having a disproportionate share of sex offenders
paroled into an area. 

PURPOSE

C.S.H.B. 658 would amend Section 8A, Article 42.18, Code of Criminal
Procedure to prohibit the Parole Board from placing sex offender parolees
in counties with 25% of the statewide total of sex offenders unless the
parolee committed the offense in the county or has family members or
friends in the county who have expressed a willingness to assist the
defendant in successfully completing the terms of their release.  C.S.H.B.
658 requires the parole division to notify the sheriff of any county in
which the total number of sex offenders in that county, under the
supervision of the parole division, exceeds 10% of the statewide total of
sex offenders under the supervision of the parole division. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 8A, Article 42.18, Code of Criminal Procedure,
by adding Subsection (g) as follows: 

(g)  Requires the pardons and paroles division on the first working day of
each month, to notify the sheriff of any county in which the total number
of sex offenders, under the supervision and control of the division,
residing in the county exceeds 10% of the total number of sex offenders in
the state under the supervision and control of the division.  Provides
that if the total number of sex offenders under the supervision of the
division residing in a county exceeds 25% of the total number of sex
offenders in the state under the parole division supervision, a parole
panel may require a sex offender to reside in that county only if that is
the county in which the defendant resided at the time of committing the
offense or if the presence of family members or friends in that county
have expressed a willingness to assist the defendant in successfully
completing the terms and conditions of their release.  Provides that in
this subsection "sex offender" means a person who is released on parole or
to mandatory supervision after serving a sentence for an offense described
by Section 8(u)(2).   

SECTION 2.  Effective date:  September 1, 1997.  This Act applies only to
a person who is released on parole or to mandatory supervision on or after
that date. 

SECTION 3.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

 The substitute eliminates the biennial census of statewide number of sex
offenders and replaces it with notification on the first working day of
each month to sheriffs in counties that exceed 10% of the statewide total
of sex offenders.  The substitute changes the counties effected to those
with 25% of the statewide total of sex offenders instead of 20%.  The
substitute prohibits a Parole Panel from placing sex offenders in counties
with 25% of the statewide total of sex offenders unless the parolee
committed the offense in the county or has family or friends in the county
who have expressed a willingness to assist the defendant in successfully
completing the terms and conditions of the defendant's release.