AEZ H.B. 2635 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
H.B. 2635
By: Place
4-9-97
Committee Report (Unamended)



BACKGROUND 

In 1993, the 73rd legislature passed legislation which allowed certain
low-level drug and property offenders to be sentenced for up to two years
imprisonment in a state jail facility.  The same legislation also doubled
the minimum amount of time certain violent offenders sentenced to the
TDCJ-Institutional Division must serve before becoming eligible for
parole.  The 74th Legislature also made minor refinements to the laws
governing the state jail system. 

PURPOSE

HB 2635, as proposed, would amend state laws governing the operation of
state jail facilities and the supervision of defendants convicted of state
jail felonies. 

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 15(f)(2), Article 42.12, Code of Criminal
Procedure, Procedures Relating to State Jail Felony Community Supervision,
to allow the court to retain jurisdiction over a defendant  for the
duration of their confinement in a state jail facility. 

SECTION 2.  Amends Section 15(g), Article 42.12, Code of Criminal
Procedure, to require 90 day progress reports to to be filed with the
judge only if the defendant is confined in a state jail facility as a
condition of community supervision. 

SECTION 3.  Amends Section 15(h)(1), Article 42.12, Code of Criminal
Procedure, to provide that defendants sentenced to a state jail facility
do not receive good time credits, regardless of whether or not they are
confined in a state jail facility after revocation of community
supervision. 

SECTION 4.  Amends Section 507.006, Government Code, Use of Facility for
Transfer Inmates, to allow the Board of Criminal Justice to designate one
or more state jail facilities to house inmates sentenced to a substance
abuse felony punishment facility under Section 493.009, Government Code.  

SECTION 5.  The changes in law made by Sections 1 and 3 of this Act apply
only to an offense committed on or after the effective date of this Act. 

SECTION 6.  Emergency Clause.