SRC-SLL H.B. 1112 75(R)BILL ANALYSIS


Senate Research CenterH.B. 1112
By: Hawley (Duncan)
Finance
5-9-97
Committee Report (Amended)


DIGEST 

Current law provides that if a parolee violates parole, the state shall
issue an arrest warrant for the arrest of the parole violator.  The
counties are required to arrest and hold these state inmates.  If the
Board of Pardons and Paroles (board) fails to hold a hearing within 120
days of the arrest, the arrest warrant must be withdrawn.  During the 120
days, a continuance may be requested for up to 60 days. The parolee may
then be held for an additional 30 days after the hearing.  Therefore, it
is possible for a parolee to be held in county jail on an arrest warrant
for 210 days.  Additionally, the counties are required to hold these
prisoners without knowing how long the prisoner will be housed in the
county facility.  This bill will provide new regulations regarding certain
hearings concerning the revocation of the release status of persons under
the supervision of the pardons and paroles division of the Texas
Department of Criminal Justice and the housing of those persons pending
the hearings. 

PURPOSE

As proposed, H.B. 1112 provides new regulations regarding certain hearings
concerning the revocation of the release status of persons under the
supervision of the pardons and paroles division of the Texas Department of
Criminal Justice and the housing of those persons pending the hearings. 

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 13A, as follows: 

Sec.  13A.  TRANSFER PENDING REVOCATION HEARING.  Authorizes the Texas
Department of Criminal Justice (TDCJ), as provided by Section 14(h), to
authorize a facility that is otherwise required to detain and house a
prisoner or person to transfer the prisoner or person to a correctional
facility operated by TDCJ or under contract with TDCJ if certain
conditions are met. 

SECTION 2. Amends Section 14, Article 42.18, Code of Criminal Procedure,
to require certain persons to be entitled to be heard on certain charges
before a parole panel or a designee of the Board of Pardons and Paroles
(board) within a period that permits a parole panel, a designee of the
board, or TDCJ to dispose of the charges within the periods established by
Subsections (c) and (d).  Sets forth regulations regarding a preliminary
hearing to be held to determine whether probable cause or reasonable
grounds exist to believe that the prisoner or person has committed an act
that would constitute a violation of a condition of release.  Deletes
existing text requiring the hearing to be held within a certain time
period unless certain conditions apply.  Sets forth regulations regarding
disposition of the charges against a prisoner or person described by
Subsection (a) by the parole panel, a designee of the board, or TDCJ.
Deletes a requirement that the parole panel or designee make its
recommendation or decision no later than the 30th day after the date the
hearing is concluded.  Provides that, in Subsections (c) and (d), charges
against a prisoner or person are disposed of when certain conditions are
met.  Authorizes a summons to be issued requiring the prisoner or person
to appear for a hearing under this section.  Deletes existing Subsection
(c) regarding withdrawal of a warrant. 
 
SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date: January 1, 1998.

SECTION 5. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

Amendment 1.

(1) On page 4, lines 19-21, strike "the prisoner or person is granted a
continuance by a parole panel or a designee of the board in the prisoner's
or person's hearing under Subsection (a)" and substitute "a parol panel or
designee of the board determines that a continuance in the hearing under
Subsection (a) is necessary." 

(2) On page 5, lines 25, between "conditions" and the comma, insert "or
when a summons is issued for a hearing under this section". 

(3)  On page 6, lines 15-17, strike "and a summons is issued under Section
13(a) requiring the prisoner or person to appear for a hearing under this
section". 

(4)  On page 6, between lines 24 and 25, insert the following:

(j) If a warrant for a prisoner or person issued under Section 13(a) is
withdrawn, a summons may be issued requiring the prisoner or person to
appear for a hearing under this section.