SRC-CDH C.S.H.B. 818 75(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 818
By: Cuellar (Patterson)
Criminal Justice
5-16-97
Committee Report (Substituted)


DIGEST 

Currently, two divisions of the Texas Department of Criminal Justice
(TDCJ), the Community Justice Assistance Division (CJAD) and the Pardons
and Paroles Division (PPD), are involved in the daily supervision of
offenders who are released from prison or given probation instead of a
prison sentence.  An offender can be required to report to both a parole
officer and a probation officer on a regular basis, a practice known as
dual supervision.  However, outdated computers, poor record keeping, and
poor communication between the two entities have created problems within
the dual supervision system.  Furthermore, concerns have been raised
regarding the program's costeffectiveness.  This legislation requires TDCJ
to conduct a study regarding the incidence of dual supervision and report
its findings to the legislature and to the Sunset Advisory Commission by
December 1, 1998, in an effort to better determine the efficacy of
continuing this practice.  This bill also provides for the reporting of
certain arrests to prevent dual supervision.  

PURPOSE

As proposed, C.S.H.B. 818 provides for the study of the incidence of dual
supervision of certain persons by the pardons and paroles division of the
Texas Department of Criminal Justice and community supervision and
corrections departments; and for the reporting of certain arrests to
prevent dual supervision.   

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 Article 42.18, Code of Criminal Procedure, by adding
Section 30, as follows: 

Sec. 30.  DUAL SUPERVISION.  Requires the Texas Department of Criminal
Justice (TDCJ), using data included in the community supervision tracking
system and other information available to TDCJ, to determine the number of
persons who at any time during a certain period are under the supervision
of both the pardons and paroles division of the TDCJ and a community
supervision and corrections department; determine the number of persons
supervised following a grant of deferred adjudication for, or a conviction
of, a misdemeanor or felony; determine the duration of the period of
supervision and dual supervision to which the person is subject; determine
the geographic distribution of incidents of dual supervision; and report
its findings not later than December 1, 1998.  Sets forth the terms by
which the agency is required to inquire of the criminal justice
information system as to whether an arrested person at the time of the
arrest is under the supervision of TDCJ; and is required to notify the
division of TDCJ supervising the person if information in the system
indicates that the person arrested is under the supervision of TDCJ.
Provides that this section expires January 1, 1999.   

SECTION 2. Emergency clause.  
  Effective date:  upon passage.   



 SUMMARY OF COMMITTEE CHANGES

Amends the relating clause to include the reporting of certain arrests to
prevent dual supervision. 

SECTION 1.

Amends Section 30, Article 42.18, Code of Criminal Procedure, regarding
the reporting of certain arrests to prevent dual supervision.